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2021.02.22 Demurrer, Motion to Deem Litigant Vexatious 959
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.22
Excerpt: ...ents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283752.) In both actions Foster Taft sought medical records from Defendant related to his father (and husband of Mary Taft). Both of those prior actions were disposed of after demurrers by Defendant were sustained without leave to amend. Plaintiff's action here repeats the same claims for medical recor...
2021.02.22 Motion to Expunge Notice of Pendency of Action 134
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.22
Excerpt: ...it worthiness. Defendant's declaration confirms title was placed in her name. Nothing in Defendant's declaration disputes Plaintiff's contentions that he contributed equally to the down payment, renovation expenses, and maintenance expenses. Plaintiff also asserts he contributed equally to all mortgage payments. Under these circumstances, Plaintiff has adequately asserted a claim to an interest in real property under CCP 405.4. Exhibit “4” at...
2021.02.08 Motion for Summary Judgment 807
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.08
Excerpt: ...y of Tulare for improper maintenance of the intersection where the accident occurred (Plaintiff's Fifth Cause of Action). Defendant County of Tulare moves for summary judgment. In support of the motion, Defendant submits 19 material facts supported by evidence. Defendant's facts and evidence are sufficient to support Defendant's contentions that Plaintiff cannot show the intersection was improperly maintained or was in a dangerous condition at th...
2021.02.01 Motion for Summary Judgment, Adjudication 253
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.01
Excerpt: ...Judgment; and (2) To Deny the Motion by Defendant Buckman Mitchell, Inc. for Summary Judgment and to Deny the alternative motion for summary adjudication as to all issues submitted. "'"The standard for deciding a summary judgment motion is well-established, as is the standard of review on appeal." [Citation.] "A defendant moving for summary judgment has the burden of producing evidence showing that one or more elements of the plaintiff's cause of...
2021.02.01 Motion for Atorneys' Fees 484
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.01
Excerpt: ...ession of property was based on failure to comply with lease covenants other than payment of rent. Defendants opposed the action. Defendants unsuccessfully demurred to the complaint, filed answers, and propounded voluminous written discovery to which Plaintiff was required to respond. Only when the matter was called for trial on December 14, 2020, was the court advised that Defendants had vacated the subject property. Plaintiff asserts Defendants...
2021.01.11 Motion to Compel Further Responses 807
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.01.11
Excerpt: ...ns Against Plaintiff and Plaintiff's Counsel in the Sum of $860.00. If any party intends to request oral argument for either or both of these discovery motions, the parties are directed to meaningfully meet and confer before the hearing of these motions in a good faith attempt to resolve the issues raised in these discovery motions. Tentative Rulings: (1) To grant in part and deny in part defendant/cross complainant Visalia Motor's motion to comp...
2021.01.11 Motion to Compel Further Responses 549
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.01.11
Excerpt: ... faith dispute as to Interrogatory 12.1 that would make the imposition of sanctions unjust. See CCP §2030.300(d). Interrogatory 3.7 seeks information as to the nature of the corporate entity McAuliff Center LP. McAuliff's response is an incomplete attempt to comply with the provisions of CCP 2030.220 that afford the responding party to interrogatories to refer the propounding party to documents that contain the requested information. CCP §2030....
2021.01.11 Motion for Preliminary Approval of Class Action Settlement 778
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.01.11
Excerpt: ...ould not submit the entire motion and initial declarations a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($550,000) The gross settlement amount is $550,000. Plaintiff estimates the total number of class members is 100. Pl...
2021.01.11 Motion for Approval of PAGA Settlement 208
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.01.11
Excerpt: ...icient declaration showing full performance of the settlement is filed prior to the hearing, it will go off calendar. The court reviews the motion and Settlement Agreement for support that the settlement is fundamentally fair, reasonable, and adequate with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) The settlement is limited to PAGA claims. Compliance with class certificati...
2021.01.04 Motion to Vacate and Set Aside Transfer of Payment Rights 885
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.01.04
Excerpt: ... court a revised order for its signature that is consistent with this ruling. OPERATIVE FACTS On October 28, 2020, this court approved the petition for the transfer of payment rights by and between Celeste Ybarra and Peachtree Settlement Funding, LLC pursuant to California Insurance Code §10134 et seq. This order called for one payment of $75,000 (out of a total lump sum of $101,600) due to Celeste Ybarra on April 29, 2025 with the net sum of 45...
2020.12.14 Motion to Compel Responses, Request for Sanctions 343
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.12.14
Excerpt: ...ings, Set One, and Request for Sanctions; Tentative Rulings: To grant defendants' (1) motion to compel plaintiff Susan Metheney to respond to form interrogatories, set one, and request for sanctions; (2) To grant defendants' motion to compel plaintiff Susan Metheney to respond to special interrogatories, set one, and request for sanctions; and (3) To grant defendants' motion to compel plaintiff Susan Metheney to respond to defendants' demand for ...
2020.12.14 Demurrer 870
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.12.14
Excerpt: ...rer to plaintiff's third amended complaint without leave to amend. OPERATIVE FACTS This is a wrongful death action arising out of defendant Sukhvinder Bhajal MD's alleged implementation of a cardiac defibrillator into plaintiff's decedent Foster H. Taft. Defendant Boston Scientific Corporation manufactured this defibrillator. Plaintiff alleges that the “device shown one event for the day of death,” the electrocardiogram fails to show the prec...
2020.12.07 Motion for Reconsideration 752
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.12.07
Excerpt: ...e court's tentative ruling issued October 23, 2020. Plaintiff's request for consideration of his improperly filed surreply (filed October 15, 2020) is denied. Plaintiff's separately filed request for a statement of decision is denied. Plaintiff seeks reconsideration of this court's ruling made October 26, 2020 sustaining Defendant's demurrer to Plaintiff's Complaint, without leave to amend. No request oral argument having been received, and there...
2020.12.07 Motion to Submit Tardy Expert Witness Information 281
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.12.07
Excerpt: ...rocessed to the court's case management system. On August 10, 2020, Plaintiff's prior motion for leave to complete discovery was granted, in part. The court directed the discovery cutoff would be extended to that based on the current trial date of December 14, 2020 only for the purpose of taking depositions of Defendant, Defendant's experts, and other witnesses as agreed by the parties. Plaintiff informed the court and Defendant's counsel that a ...
2020.12.07 Motion to Compel Arbitration 042
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.12.07
Excerpt: ...shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers b...
2020.11.30 Motion to Compel Deposition, Request for Sanctions 523
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.30
Excerpt: ...so pay monetary sanctions to defendants' counsel in the amount of $1,260.00 under CCP §2023.030(a) and §2025.450(g)(1) within thirty days from the notice of this ruling. OPERATIVE FACTS This is a Song-Beverly “lemon law” case that arises out of perceived defects that plaintiff James Martino alleges as to a 2012 Dodge Ram that he purchased from the defendants. On April 20, 2020, defense counsel for defendants FCAUS LLC et al. (hereinafter id...
2020.11.30 Motion for Terminating Sanctions 208
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.30
Excerpt: ...cuments attached within five court days from the date of this ruling. All dates identified in this ruling shall be extended by five court days except for the hearing date for this present motion and the Order to Show Cause hearing.) Tentative Ruling: Defendant William Petty shall coordinate with plaintiff's counsel a mutually convenient date for Mr. Petty to be deposed that is no later than 25 days from the notice date from this ruling. Mr. Perry...
2020.11.30 Motion for Summary Judgment 473
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.30
Excerpt: ...t an opportunity to file a reply. As of November 18, 2020 no reply documents have been processed to the court's case management system. Plaintiff's Complaint asserts 19 causes of action arising from Defendant's foreclosure of a deed of trust encumbering residential real property commonly known as 13245 Ave. 232, Tulare, CA 93274. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to j...
2020.11.30 Demurrer 991
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.30
Excerpt: ...Casca. Plaintiff asserts Casca's vehicle collided with hers causing the asserted injuries and damages. As to demurring Defendant, Plaintiff asserts a single cause of action for fraud and conspiracy. Defendant asserts Plaintiff lacks standing to bring a claim against it and that Defendant is improperly joined in this action. Defendant further asserts Plaintiff has failed to state sufficient facts to establish two required elements of a fraud claim...
2020.11.09 Motion for Summary Judgment, Adjudication 981
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.09
Excerpt: ...s prepared to sign the form of order and the form of judgment lodged by Plaintiff. This is a credit card collection case. Plaintiff filed its complaint to recover amounts due on March 17, 2020. On April 28, 2020, Defendant filed an answer – a general denial with affirmative defenses. Defendant is represented by an attorney. Plaintiff filed its motion for summary judgment on August 19, 2020. Proof of service in the file indicates notice of the m...
2020.11.02 Motion for Attorneys' Fees 913
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.02
Excerpt: ... attorneys' fees was reserved by the parties for determination by the court. Plaintiff seeks fees and costs totaling $46,614.18 including a multiplier of 1.25% (amounting to $8,746.88 of the fees sought). Defendant objects to the amount of fees requested by Plaintiff. Defendant's objections to the Declaration of Elizabeth Quinn are overruled. Defendant's objections to the Declaration of Hallen D. Rosner are overruled. Defendant's objections to th...
2020.11.02 Demurrer 754
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.11.02
Excerpt: ...ies of ECG records was previously determined against Plaintiff in a prior action. (VCU268870.) Defendant asserts Plaintiff's claims are barred under principles of res judicata. Defendant has shown that Plaintiff asserted the same claims for ECG records against Defendant in his prior action. The court's ruling sustaining a demurrer to Plaintiff's complaint in the prior action without leave to amend was sustained by the Fifth District Court of Appe...
2020.10.26 Demurrer 752
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.10.26
Excerpt: ...ntiff filed an opposition to the demurrer on October 10, 2020. Defendant filed a reply on October 13, 2020. Plaintiff filed a purported “Reply to Reply” on October 15, 2020. The October 15, 2020 is an improper surreply and will not be considered by the court. (CCP 1005.) Plaintiff filed his amended complaint on September 2, 2020 seeking copies of ECG records under H & S 123110. Defendant asserts Plaintiff's claims are barred under principles ...
2020.10.05 Demurrer, Motion to Strike 705
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.10.05
Excerpt: ...s to Plaintiff's claim for penalties under Labor Code 226 as asserted in his Fourth and Fifth Causes of action, without leave to amend; To Grant the motion to strike as to Plaintiff's claim for attorneys' fees in his Fourth and Fifth Causes of Action, with leave to amend; and to Deny the motion to strike as to Plaintiff's claims for punitive damages. Any amended complaint must be filed and served within ten (10) days of this order. Plaintiff, a f...
2020.09.21 Motion to Compel Arbitration and Stay Proceedings 431
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.09.21
Excerpt: ... purchased from defendant dealer Jim Manning Dodge. Defendants assert the Retail Installment Sales Contract (RISC) executed by Plaintiffs at the time of vehicle purchase contains an enforceable arbitration provision. Defendants assert the provision is applicable to both the dealer and to Defendant FCA US, LLC, the vehicle manufacturer. Plaintiffs have now dismissed the dealer as a party defendant. Plaintiffs assert the arbitration provision appli...

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