Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

579 Results

Clear Search Parameters x
Location: Tulare x
Judge: Mathias, David D x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 250)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 424)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 150,25
Array
(
)
2022.12.14 Demurrer 414
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.14
Excerpt: ...he ability to bring the City back into the case 120 days before trial), but that this agreement has not been executed by the parties. Facts This premises liability action alleges Plaintiff was injured at “the premises at or near CA‐43 & Ave 120, Corcoran, CA 93212, such that an uneven and/or broken and/or deteriorating roadway was allowed to exist and be left in disrepair” and “Defendants failed to barricade the area and/or to warn of the...
2022.12.06 Petition for Writ of Mandate 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.06
Excerpt: ...a was cited for violation of an applicable safety regulation following the injury of a Sierra employee during the operation of a machine at Sierra's lumber mill in Terra Bella. Sierra fails to present a valid basis for issuance of the requested writ and the petition is, therefore, denied. Background A Sierra employee suffered partial finger amputations while trying to clear a jam, by hand, in a “coastal planer” machine designed to cut and sha...
2022.12.01 Motion to Quash, to Stay 172
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.01
Excerpt: ...ben Barrientos, Jr. alleges that, on or about September 2, 2020, while he was traveling on Avenue 96 in the city of Terra Bella, a vehicle owned by TRTC and driven by Walker along Road 264 collided with his vehicle after failing to stop at a stop sign at the intersection of Avenue 96 and Road 264. TRTC and Walker have moved to quash service of summons, contending this court lacks jurisdiction based on tribal sovereign immunity. Analysis Indian tr...
2022.11.22 Motions to Tax Costs, to Strike Costs 967
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.22
Excerpt: ...s an automobile accident where liability was not contested. The matter proceeded to jury trial and Plaintiff was awarded $6,292.12 for pain and suffering and the initial medical expenses for treatment through February 8, 2019. Defendants indicates “The notice of entry of judgment was sent to Defendants electronically on August 9, 2022.” The proof of service appears to indicate that a proposed judgment was sent by electronic mail on August 9, ...
2022.11.22 Motion for Final Approval of Class Action, for Attorney Fees 006
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.22
Excerpt: ...l of class action and PAGA 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 October 26, 2022, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the following events. On June 21, 2022 the administrator received a mailing list of 1,246 potential class memb...
2022.11.17 Motion to Compel Arbitration 493
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ...sed, in part, on the alleged actions of Defendant Mario Plasencia. Plaintiff served the complaint on May 2, 2022 and May 5, 2022 as to the Defendants. Defendants answered the complaint on June 1, 2022 and June 6, 2022. In opposition, Plaintiff notes Defendants did not plead an affirmative defense as to arbitration. Additionally, Plaintiff notes it propounded discovery to Defendant on May 31, 2022 and that Defendants' discovery responses on July 1...
2022.11.17 Motion for Summary Judgment 678
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ...ant Brenda L. Davidson (“Defendant Davidson”) obtained a loan from Zone Funding in the principal amount of $304,500.00 (“Loan”) and evidenced by a Note (“Note”) Defendant Davidson executed on June 7, 2006 in favor of Zone Funding. (UMF Nos. 1 and2.) The Loan was a refinance which paid off a prior loan Defendant Davidson had with EMC Mortgage Corp in the approximate amount of $269,189.12. (UMF No. 3.) The Note was subsequently lost or ...
2022.11.17 Motion for Attorney Fees After Special Motion to Strike 089
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ... for (1) breach of the implied covenant of good faith and fair dealing; (2) an accounting; (3) intentional and (4) negligent interference with prospective economic advantage; (5) unfair business practices; violation of (6) state and (7) federal unfair debt collection laws; (8) trade libel; and (9) recession based upon news stories ran by Sinclair and its former reporter, Cross‐Defendant Jeffrey Platt. The Court notes that Milan, in response to ...
2022.11.17 Demurrer 813
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ...rer to the fifth and sixth causes of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth and sixth causes of action; (2) To sustain the demurrer to the fifth cause of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth cause of action. Facts This case arises out of Plaintiff's former employment at International Paper Company (“Interna...
2022.11.03 Motion to Strike 034
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...
2022.11.03 Motion to Quash, Demurrer, Motion to Strike 366
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...
2022.11.03 Motion to Compel Arbitration 878
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...
2022.10.20 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.20
Excerpt: ... is set for April 27, 2023; 8:30 am; D1. Plaintiff's motion for final 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 October 20, 2022. The court finds and rules as follows: On March 24, 2021, the settlement administrator, Simpluris, received a data file from Defendant's counsel of 651 potential class members from Defendant...
2022.10.13 Petition to Stay Arbitration Proceedings 101
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...Facts On or about September 09, 2021, HALL agreed to purchase a 2019 Nissan Murano with vehicle identification number 5N1AZ2MJXKN138431 (hereinafter referred to as the “2019 Nissan”) (Decl. of Donald Groppetti ‐ Exhibit A – Retail Installment Sales Contract (“RISC”) as to the 2019 Nissan.) The RISC provides for arbitration as to claims arising from the sale of the vehicle. The RISC also contains the “Seller's Right to Cancel” when...
2022.10.13 Motion to Compel Arbitration 763
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...ring. 1. Facts In a first amended complaint, Plaintiff, on behalf of himself and all others similarly situated, sued Defendants Kuubix Electric, Inc., Kuubix Energy, Inc., Kuubix Global, LLC and Kuubix Energy, LLC. for 1. Violation of B&PC §17200, et seq. 2. Failure to Pay All Wages 3. Meal Period Violations 4. Rest Period Violations 5. Work Expense Reimbursement Violations 6. Waiting Time Penalty 7. Wage Statement Penalty 8. Penalties Under PAG...
2022.10.13 Motion for Leave to File Amended Complaint, to Compel Docs and Testimony 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...osed first amended complaint and Defendant shall have ten (10) days from the service of the first amended complaint to file a responsive pleading. (2) The Court's minute order of September 22, 2022 indicates that the parties reached an agreement as to the discovery issues and may appear remotely as to any remaining issues. Case management conference is continued to December 15, 2022; 8:30 am; D1. (1) Facts This is a personal injury case wherein P...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...
2022.10.06 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ... motion for final 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 October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...
2022.09.29 Motions to Compel Initial Discovery Responses 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.29
Excerpt: ...rty (30) days from notice of this ruling; Defendant and moving party Abeer A Hafez DDS, Inc shall give notice; to impose sanctions of $265 on Plaintiffs jointly and severally. This is a dental malpractice action brought by Plaintiffs against, amongst others, Defendant Abeer A Hafez DDS, Inc. On or about February 7, 2022, Abeer A Hafez DDS, Inc. propounded form interrogatories, special interrogatories and requests for production of documents on Pl...
2022.09.22 Motion to Confirm Good Faith Settlement 065
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...
2022.09.22 Motion to Change Venue, Demurrer, Motion to Strike 373
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ...al.App. 448, 449, as detailed below. (1) Motion to Change Venue Facts Plaintiff's complaint alleges negligence and medical malpractice against Defendant “Adventist Health Hospital – Hanford, CA.” Defendant Adventist Health Hospital brings this motion to transfer venue to Kings County. In support, Defendant notes its principal place of business is Kings County, the subject incident is not believed to have occurred in Tulare County, Defendant...
2022.09.22 Motion to Approve Rehabilitation Plan of Receiver 453
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ...pointed the Receiver to “take full and complete possession and control of the Nuisance Property [740 East Harvard Avenue, Dinuba, California 93618, Assessor's Parcel Number 017‐243‐008‐000],” and “rehabilitate the Nuisance Property in accordance with the rehabilitation plan approved by this Court and shall bring the Nuisance Property into compliance with all applicable State and local laws,” among other powers (Receivership Order 3:...
2022.09.09 Motion for Deposit 573
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.09
Excerpt: ...rn Surety Company, based on allegations that Defendants created a PACE energy application and 30‐year tax assessment on Plaintiff's property, secured by a super priority tax lien, as to installation of solar energy panels. Western was the bond agency holding the bond for Defendant Flux Electric, LLC, alleged to be the solar installation company, bond number 71921742, from 9/7/2017 to 11/15/2019. The Contractor's License Bond amount is $15,000. ...
2022.08.25 Motion to Withdraw 616
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐ 052 – Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents by mail. Authority and Analysis CCP §284 provides that “[t]he attorney in an actio...
2022.08.25 Motion to Set Aside or Vacate Dismissal and Enter Judgment 315
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ... of Defendant. On July 12, 2021, a settlement agreement was fully executed wherein the parties agreed to resolve this matter for $13,500.00, pursuant to a Stipulation for Settlement and Order (hereinafter referred to as “Settlement Agreement”). The parties agreed that Defendant's insurance carrier was to pay Plaintiff $10,000.00 and Defendant was to pay Plaintiff a total of $3,500.00 by a $50.00 down payment upon the signing of the Settlement...

579 Results

Per page

Pages