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2022.08.25 Motion for Attorney Fees 117
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...of the request. GM confirmed receipt of the repurchase offer letter. However, Plaintiffs hired counsel and filed a complaint on June 11, 2022 for Song‐Beverly claims – for breach of express warranty and breach of implied warranty – and a fraudulent inducement concealment claim for which they sought punitive damages. In August 2020, Plaintiffs propounded its “Set One” discovery requests. GM alleges these are the same discovery requests s...
2022.08.25 Motion for Approval of PAGA Only Settlement 250
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ... of Amount of Settlement (Net Estimated: $21,844.15) The gross settlement amount is $165,000. As an initial matter, the Court has taken the actual attorneys' cost incurred figure of $13,373.41 from Counsel Cohen's declaration instead of the $15,000 cost noted in the motion and utilized the actual cost figure in the follow calculations. Plaintiff estimates approximately 156 covered employees with an average payment of approximately $140.02. The co...
2022.08.25 Demurrer, Motion to Strike Damages, Attorney Fees, Punitive Damages 848
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...ike as to categories (3) and (4); to grant the motion to strike as to category (5) – paragraph 104 without leave to amend; to grant the motion to strike as requested to renumbered category (5A) and (6) – damages sought in the fourth cause of action without leave to amend; to grant the motion as to the prayer as requested as to renumbered category (6A) and (7) without leave to amend. Facts Common to (1) Demurrer and (2) Motion to Strike Plaint...
2022.08.25 Demurrer 263
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...t Conference is continued to October 13, 2022; 8:30 am; D1. Facts Approximately thirteen years prior to the filing of the Complaint, Plaintiff alleges Defendants Daniel C. Joaquin and Rachel J. Joaquin purchased real property located at 104 W. Sandra Venue, Tulare, CA 93274 (the “Subject Property.”) and held legal title to the Subject Property in their names. (Complaint ¶7.) Plaintiff alleges that he transferred $60,000 of his funds which we...
2022.08.18 Motion for Bond, Undertaking 743
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.18
Excerpt: .... Plaintiff Bob Samson, through his guardian ad litem Loren Samson, have sued Defendant Nicole Atherton, M.D., (“Defendant” or “Dr. Atherton”) amongst others, for failing to diagnose a right foot fracture in May 2018. Plaintiff alleges this failure to diagnose resulted in him having a right mid foot amputation in October 2018. Plaintiff died on December 26, 2020. Guardian Loren Samson currently resides in Idaho. Defendant Dr. Atherton fil...
2022.08.11 Petition for Compromise of Claims of Minors 716
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.11
Excerpt: ...1) 14‐year‐old Aubrie and (2) 10‐year‐old Bella is Kristina Hernandez, parent and guardian ad litem. The Petitioner as to (3) 16‐year‐old Maya is Ramiro Hernandez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about November 27, 2019, Petitioner Kristina Hernandez was driving a vehicle containing ...
2022.08.11 Demurrer, Motion to Strike 729
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.11
Excerpt: ...ion. Deny the motion to strike. Facts Common to Both Motions The parties in this matter are certified public accountants who practiced as general partners in Bastire Edwards (the “Partnership”). Plaintiffs are Bret Bastrire and Anthony Montgomery. 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 ...
2022.08.11 Demurrer, Motion to Strike 595
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.11
Excerpt: ... for fraud, concealment, fraud in the inducement, violation of the Unlawful Business Practices Act, and rescission (a remedy, rather than a cause of action). The SACC additionally includes, for the first time, causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Cross defendants generally demurrer to the entire SACC. Fraud The City alleges it approved a contract with CVRR in March of 2015 involving th...
2022.07.28 Special Motion to Strike 089
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.28
Excerpt: ...ed. Sinclair is in the television broadcast business, and, as relevant to Milan's cross complaint at issue here, is the owner and operator of KBAK‐TV, a CBS Television affiliate and television news station in Bakersfield. Milan is a college that contracted with Sinclair for broadcast advertising in locations where Milan sought to acquire students, including Tulare County. Milan fell behind on its payment obligations and subsequently executed a ...
2022.07.28 Motion to Set Aside Void Judgment and Dismiss Case 967
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.28
Excerpt: ...s of commencement. Facts This matter was filed originally by Chicago Title Insurance Company (“Plaintiff”) on April 12, 2016 against a number of defendants, including against named Defendant and moving party sued as Pauline Nguyen, also known as Paul Nguyen who has also used the name Brian Williams (“Nguyen.”) A proof of service was filed April 28, 2016 indicting service on Nguyen purportedly occurred on April 23, 2016 by substitute servi...
2022.07.28 Motion to Bifurcate 959
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.28
Excerpt: ...dividual later identified as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiffs allege that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of ...
2022.07.21 Motion to Set Aside or Vacate Notice of Settlement 934
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.21
Excerpt: ...ount of $6,200 set to be paid with an initial payment of $1,700 and $300 monthly payments. This settlement occurred at the mandatory settlement conference on January 3, 2020. The Court kept the trial date of February 7, 2020 on calendar pending execution of the settlement agreement. The settlement agreement was not executed timely, the initial payment date was missed and the parties agreed to move the initial payment date to February 28, 2020. Ho...
2022.07.14 Motion for Leave to File Amended Complaint, Demurrer, Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.14
Excerpt: ...ecause the demurrer is sustained, the court need not consider cross‐defendant's motion to strike. (1) Facts By this motion, Plaintiff SPAS seeks to substitute itself for proposed plaintiff Packwood. Packwood was the landlord for 4236 South Mooney Boulevard, Visalia, CA 93277 (the “Premises”). (Complaint ¶ 1.) Packwood, however, assigned all its rights under the Lease to Plaintiff SPAS. (Id.) Defendant leased the Premises from Packwood to o...
2022.07.14 Motion for Final Approval of Class Action, for Attorney Fees 224
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.14
Excerpt: ... action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on July 14, 2022. The court finds and rules as follows: On February 28, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 367 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant emplo...
2022.07.07 Motion for Summary Judgment 275
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ...161a(b)(3). Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of real property records when the authenticity of the documents is not challenged. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1367, fn. 8, 1382.) Further, “a court may take judicial notice of the fact of...
2022.07.07 Motion for Leave for Precertification Discovery to Identify New Class Representative 873
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ...expense reimbursement, accurate wage statement, waiting time and unfair competition claims against Defendants TD Contracting, Inc, Wawona Farm Co. LLC, Gerawan Farming and Kenneth Duerksen dba TD Contracting. Counsel for Plaintiff states that Arroyo is suffering from poor and deteriorating health to the point that he is no longer in communication with class counsel, Stansbury Brown Law, PC, cannot sit for his deposition and cannot fulfill his dut...
2022.07.07 Demurrer 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ... 6317.) Here, on or about June 26, 2018, the Divisoin issued Citation 1 to Petitioner alleging a violation of Title 8, California Code of Regulations (“CCR”) § 3314(c). (Petition ¶5.) The citation is classified as “Serious Accident‐Related”, and the Division proposed penalties of $18,000. (Petition ¶5.) The employer then has 15 working days from receipt of the citation to notify the Board that it wishes to contest the citation. (Labo...
2022.07.05 Petition for Minor's Compromise 618
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.05
Excerpt: ...ion filed May 4, 2022 by Avrek Law Firm entitled In the Matter of Castillo, Roberto, Case No. VCU291576. The documents filed with each case appear identical. Counsel is invited to clear up this issue at the hearing. Facts Petitioner is Robert Castillo, the father of the 12‐year‐old minor Carlos Castillo. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 20,...
2022.07.05 Demurrer 591
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.05
Excerpt: ..., attached to the complaint is signed by Craig Branco, as “Landlord or Landlord's Agent.' Defendant demurrers to this complaint on the basis that documents recorded regarding the Subject Property list stated that the Subject Property was as of 2016, transferred to “3‐B Ranch, a California general partnership.” Judicial Notice Defendant requests judicial notice of the following: 1. “The last recorded deed at the Tulare County Recorder's ...
2022.06.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ....33) The Court previously approved the gross settlement amount of $1,850,000. The gross settlement fund has been reduced to $1,840,000 to account for the individual settlement of Plaintiff John Cook's individual claims set forth in Cook v. Land O'Lakes, Inc., Case No. 1:20‐ CV‐00553‐NONE‐SAB. The settlement between all parties sought to globally resolve both the individual Cook action and the representative action. However, Cook's individ...
2022.06.23 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees, Service Awards, and Claims Administration 096
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ...December 22, 2022; 8:30 am; D1. CMC is taken off calendar. (1) and (2) Plaintiff's motions 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 June 23, 2022. The court finds and rules as follows: On January 13, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 73 potenti...
2022.06.23 Demurrer to FAC 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ...y and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plants; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to July 11, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for violat...
2022.06.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ... The Court previous approved the sufficiency of the amount of the settlement, including the assessment of the value of the various claims and penalties, including evaluation of the various strengths and weaknesses of Plaintiffs' case and Defendant's defenses to Plaintiffs' claims. The Court further previously approved the class notice period, the content of the class notice, the claims administrator, the recipient of unclaimed settlement proceeds...
2022.06.02 Demurrer 437
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...fendants now demurrer to the First Amended Complaint for failure to file a timely government tort claim and for failure to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. § 4...
2022.06.02 Demurrer 289
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...ior Court Case No. VCU289281 (the “Class Action”). On January 31, 2022, Plaintiff filed this Complaint against the same parties, and based upon the same factual allegations (the “PAGA Action.”) Defendant points out that there are substantial similarities between the actions, though the PAGA Action advances two additional theories of liability. Defendant categorizes this as an improper attempt to “split claims” and “game the legal sy...

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