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2024.03.25 Motion for Preliminary Approval of Class Action and PAGA Settlement 562
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Excerpt: ... presently incurred costs. On February 29, 2024, Plaintiff filed a supplemental declaration and points and authorities addressing these issues, as detailed below. Cla s s N o t ic e The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are now to be made within 60 da...
2024.03.25 Motion for Leave to File Amended Complaint 813
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Excerpt: ...Kaweah”) for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff also asserted these causes of action against a number of Doe Defendants . Plaintiff alleged, at the age of 67, he was admitted to Kaweah's general acute care hospital after hav...
2024.03.18 Motion to Bifurcate Punitive Damages 589
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.18
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.18
Excerpt: ...ual assault, sexual battery, retaliation and wrongful termination arising out of her former employment as a mental health professional for Defe ndant California Forensic Medical Group dba Wellpath. (“Defendant Wellpath”) . Plaintiff alleges that Defendant Polach made sexual comments and jokes about Plaintiff, but that Defendant did not consider this harassment because both parties are women. (Complaint ¶ ¶ 9, 10.) Plaintiff further alleges ...
2024.03.18 Motion for Summary Judgment, to Compel Further Responses 773
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.18
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.18
Excerpt: ... adjudication in their entirety; (3) To set the motion March 25, 2024; to order any opposition filed and served no later than March 20, 2024 and any reply to be filed and served no later than Mar ch 22, 2024. (1 ) a n d (2 ) This lawsuit arose when plaintiff Dominga Tabutol sued defendants Pacific Property & Casualty Company (Pacific) and American National Insurance Co m p a n y (AN IC) a lle g in g t h e ir r e s c is s io n o f h e r r e n t a ...
2024.03.11 Motion for Summary Judgment, Adjudication 839
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.11
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.11
Excerpt: ...r Abuse Act. Th e m o t io n for summary adjudication of the first cause of action, and as to plaintiffs' claims for punitive damages and enhanced remedies under the Elder Abuse Act, is granted. Plaintiffs Toni Northrop and Teri Hopper are the children and successors of Mary Hopper, who is deceased (hereinafter, the decedent). Plaintiffs allege four causes of action against defendants identified as Linwood Meadows Care Center and Snowdrop Holding...
2024.03.11 Motion for Final Approval of Class Action and PAGA Settlement 423
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.11
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.11
Excerpt: ...torneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 11, 2024. The Court finds and rules as follows: On February 9, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 23, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 5 8 2 p o t e n t ia l class members from Defendant's cou...
2024.02.07 Motion to Change Venue 771
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.02.07
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.02.07
Excerpt: ...ff purchased or was assigned claims of physicians against Defendant California Physicians' Service dba Blue Shield of California as to the reasonable and customary value of emergency services. (Complaint ¶¶25, 31.) The complaint alleges further “The acts, transactions and occurrences giving rise to this action occurred in substantial part in the County of Tulare, in the State of California.” (Complaint ¶4.) The complaint admits no express ...
2024.01.31 Motion for Summary Judgment 541
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.01.31
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.01.31
Excerpt: ... be made at any time after the answer is filed upon giving five days notice.” (Code Civ. Proc., § 1170.7.) Castellanos served her pleadings in support of the motion on Friday, January 26, 2024, five days (three court days) ahead of the date set for hearing and for trial. Defendant's motion Castellanos contends plaintiff inaccurately stated the amount of rent due in his notice to pay rent or quit and that the notice was, therefore, defective. C...
2024.01.10 Motion for Judgment on the Pleadings 541
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.01.10
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.01.10
Excerpt: ...e Subject Property's prior owner. (Complaint he complaint then alleges that Plaintiff purchased the Subject Propertyon March 3, 2023, and that "The defendant signed a rental agreement with a rent amount of $975.00 per month." (Complaint 96.) The complaint thereafter attaches a written lease agreement dated July 1, 2023. (Complaint — Ex. 1.) Defendant Castellanos argues that the complaint is rendered uncertain by pleading that the agreement to r...
2023.09.25 Motion to Vacate Default Judgment, Stay Execution of Writ 461
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.09.25
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.09.25
Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...
2023.05.24 Motion to Vacate Entry of Default 783
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.05.24
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.05.24
Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...
2023.04.26 Motion for Reconsideration 861
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...
2023.04.04 Motion for Reconsideration 007
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.04
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.04
Excerpt: ...to a medical emergency. Authority and Analysis A non-prevailing party may make a motion to reconsider and enter a different order under the following conditions: (1) brought before the same judge that made the order sought to be reconsidered; (2) made within 10 days after service upon the party of the notice of entry of the order (extended under CCP S 1013 for type of service); (3) based on new or different facts, circumstances or law than those ...
2023.03.14 Petition for Approval of Minor's Compromise 149
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.03.14
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.03.14
Excerpt: ...the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offerto the minor child. According to the Petition, on April 28, 2019, the minor was a passenger in a vehicle that was rear ended by Defendant Darron R. Burrill, allegedly while employed by Defendant Brahma Group, Inc. (Petition at 4, 5.) Injunes The minor child suffered emotional distress damages but has fully recovered ...
2023.03.14 Motion to Strike Punitive Damages 078
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.03.14
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.03.14
Excerpt: ...e of bed bugs in room number 222 (the "Room"), and damages therefrom, at Defendant's Porterville Lodging LLC's hotel. (Complaint 92.) Plaintiff seeks punitive damages as to the nuisance cause of action. Relevant here, Plaintiff alleges she entered into a hotel rental agreement to stay as a guest in the room between December 15, 2020 and January 23, 2021. (Complaint 26.) Plaintiff further alleges that in January 2021, she noticed the bed bug infes...
2023.02.21 Motion for Summary Judgment 215
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.02.21
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.02.21
Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 9035 (the “Account”) (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the account and the charg...
2023.02.14 Motion for Attorney Fees 434
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.02.14
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.02.14
Excerpt: ... debt Defendant incurred for the care of her children. Plaintiff alleged causes of action including open book account and account stated. Defendant now seeks recovery of her costs, including attorneys' fees, as the prevailing party on an action for an open book account. Defendant seeks attorneys' fees of $960.00 and other costs of $409.31. Authority and Analysis A prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc...
2023.01.27 Motion to Vacate Default Judgment and Stay Execution of Judgment 502
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.27
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.27
Excerpt: ...�) On November 16, 2022 the complaint was filed. On December 5, 2022, Plaintiff filed a proof of service indicating posting at the Subject Property and mailing service on Defendant occurred on December 2, 2022. On December 22, 2022, default judgment was entered and the writ of possession was issued on January 3, 2023. On January 25, 2023, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states ...
2023.01.03 Petition for Compromise of Minors' Claims 442
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.03
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.03
Excerpt: ...as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, 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 October 11, 2019, both Claimants were passengers in a motor vehicle. (Am...
2023.01.03 Motion to Proceed Under Seal, Seal Certificates of Merit, Proceed with Service and Under Fictitious Name 348
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.03
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.03
Excerpt: ...cts On November 29, 2022, Plaintiff John MF Doe sued Defendant Doe 1 School district for various negligence theories, intentional infliction of emotional distress and sexual battery for incidents alleged to have occurred when Plaintiff was 17 years old by an employee of Defendant School District while Plaintiff attended high school. Plaintiff is now over 40 years old. On December 1, 2022, Plaintiff filed a motion to seal application to proceed wi...
2022.12.20 Demurrer to SAC 359
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.20
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.20
Excerpt: ...t May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (SAC Attachment ¶ 3.) The Court notes the initial complaint was filed June 15, 2021. The initial complaint alleged premises liability against, amongst others, the City of Tulare and Does 1 through 10 arising out of the May 17, 2020 incident described above. Relevant here, the Second Amended Complaint states,...
2022.12.15 Petition for Writ of Mandate 898
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.15
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.15
Excerpt: ...section 1094.5, subdivision (c) provides the basic framework by which an aggrieved party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state agency.” (Mann v. Department of Motor Vehicles (1999) 76 Cal.App.4th 312, 320.) Vehicle Code section 13559, however, which is the specific enactment regarding judicial review of administrative suspension of driving privileges due to driving with exces...
2022.12.13 Petition for Compromise of Minors 442
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ...rth below. Facts The Petitioner as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, 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 October 11, 2019, both Claimants were pa...
2022.12.13 Motion to Strike Answer and Enter Default Judgment 559
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ...Inc. for open book and account stated. On February 10, 2022, Defendant Juan Torres Construction Inc., represented by counsel, filed an answer. On November 7, 2022, Defendant Juan Torres Construction Inc. filed a substitution of attorney which purported to substitute out counsel and substitute in Juan Torres, in pro per, for Defendant Juan Torres Construction Inc. Defendant Juan Torres Construction Inc. is a corporate entity. Defendant Juan Torres...
2022.12.13 Demurrer 800
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ...nded complaint against Defendant Sandy Mason, individually, and in her capacity as Personal Administrator of the Estate of Christopher Mason, decedent for possession of personal property. Paragraph 12 of the first amended complaint indicates: “This action was initially filed in April 2022, prior to defendant Sandy Mason filing her petition for probate in Tulare County Superior Court Case No. PPR051323. A creditor's claim against the estate has ...