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1922 Results

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2021.03.23 Motion for Approval of PAGA Settlement Agreement 857
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.03.23
Excerpt: ...ith 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 certification requirements is not required. (Arias v. Superior Court (Angelo Dairy) (2009) 46 Cal.4 th 969.) “Although our Supreme Court has stated that this provision ensures that “any negotiated resolution is fair to those affected” (Williams v. Superior C...
2021.03.18 Demurrer 667
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.03.18
Excerpt: ...for negligence, intentional misrepresentation, battery, lack of informed consent, and negligent infliction of emotional distress. Plaintiffs' claims relate to dental procedures including multiple dental crowns involving the now four-year old Plaintiff, Giselle Cisneros. Defendant demurs to the Third Cause of Action – for medical battery; the Fourth Cause of Action – for lack of informed consent; and to the Fifth Cause of Action – for neglig...
2021.03.18 Motion to Disqualify Counsel 573
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.03.18
Excerpt: ...sents Zenith and thus must be disqualified for an alleged conflict of interest. Zenith asserts it has hired the Horton firm on a number of occasions since 2016 to represent its insureds in litigation matters. Zenith asserts the Horton firm represented its insureds in a number of cases at the time the present action was filed by Plaintiff. In this action, Zenith asserts a subrogation claim against Defendant Hettinga Transportation for workers' com...
2021.03.18 Motion for Attorneys' Fees 532
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.03.18
Excerpt: ... 425.16.) Plaintiffs' initial complaint filed March 23, 2020 sought damages on five causes of action: Malicious Prosecution, Abuse of Process, Breach of Contract, Inverse Condemnation, and Violation of Civil Rights. On July 22, 2020, Defendant filed its Special Motion to Strike as to all causes of action. On September 2, 2020, prior to the hearing on the Special Motion to Strike, Plaintiff filed a First Amended Complaint asserting only claims for...
2021.03.18 Motion to Compel Further Responses 836
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.03.18
Excerpt: ...ased from Defendant's dealer. By this motion, Plaintiff seeks an order requiring Defendant to provide further responses to 15 requests for production of documents. Plaintiff asserts the requests involve 1) Defendant's internal investigation of defects involving powertrain, electrical, and backup camera; and 2) Defendant's warranty and vehicle repurchase policies, procedures and practices. Plaintiff asserts Defendant's responses to the 15 discover...
2021.03.11 Demurrer 860
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.03.11
Excerpt: ... Cross-Complaint within ten (10) days of this order. This action is a dispute over development of commercial real property located in Tulare County. Cross-Defendants demur to all causes of action asserted in the Second Amended Cross- Complaint. Cross-Complainants' procedural objections to the demurrer are overruled. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v...
2021.03.09 Demurrer, Motion to Strike 178
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.03.09
Excerpt: ...with 15 days leave to amend. Petitioner Cendy Palacio sought to join additional parties to a judgment of dissolution proceeding in order to facilitate enforcement of a judgment. After extensive litigation, the court granted this joinder and Respondent Juan Ayala and Alfredo Ayala appealed. The appellate court affirmed the lower court's ruling, and addressed the motions now before the court in its opinion. (1) Alfredo Ayala demurrers to causes of ...
2021.03.08 Motion to Compel Discovery Responses, Have Matters Admitted, for Sanctions 984
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.03.08
Excerpt: ...ndant's Request for Production of Documents, Set One within 30 days of this order. To Order that Defendant's Requests for Admission numbered 1 through 36 are deemed admitted. The court orders Plaintiff Rafael A. Jovel Martinez to pay to Defendant the sum of $550.00 as a monetary sanction. Sanctions are payable within 30 days of this order. Proof of service in the file indicates notice of the motion was adequate. Plaintiff has not filed a substant...
2021.03.08 Motion to Compel Arbitration 414
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.03.08
Excerpt: ... employee handbook, which contains the arbitration provision relied on by Defendant, specifically provides the handbook is not a contract and further provides it may be unilaterally amended by Defendant at any time. These provisions render the provision ambiguous and unenforceable by Defendant. The admonition that the agreement creates no legal rights appears not only in the introduction to the handbook, but on the acknowledgement page as well. A...
2021.03.02 Motion to Compel Further Responses 888
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2021.03.02
Excerpt: ...hearing on all three discovery motions to March 23, 2021 at 8: 30 a.m. in Department 23. As to all three discovery motions: Plaintiff's action seeks damages for injuries suffered from a defective product. Defendant propounded written discovery in October 2020. Plaintiff, through his counsel, provided responses to the discovery containing only unverified objections. Plaintiff's counsel advised Defense counsel that there was a communication problem...
2021.03.02 Demurrer, Motion to Strike 264
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.03.02
Excerpt: ...eeks damages from Defendant Visalia Unified School District and several school district administrators arising from the 2017 death of Plaintiff's daughter. (1) All Defendants demur to all causes of action asserted by Plaintiffs. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) An exception, however, is that the...
2021.03.02 Demurrer 552
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.03.02
Excerpt: ...ntiff, a non-profit corporation. The officers are not attorneys. Defendant demurs to the complaint because a corporation is not permitted to appear in court without an attorney. (Merco Constr. Engineers, Inc. v. Mun. Court (1978) 21 Cal.3d 724, 731; Gamet v. Blanchard (2001) 91 Cal. App. 4th 1276, 1284.) Plaintiff recently retained counsel who substituted into this action on February 3, 2021. Counsel filed a response to the demurrer seeking only ...
2021.03.01 Demurrer, Motion to Deem Vexatious Litigant 958
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.03.01
Excerpt: ...t by Plaintiff (Taft v. Bhajal VCL195959). The court's ruling on demurrer in the separate action is applicable in part. Plaintiff, Mary Taft is the mother of Foster Taft, who was recently admitted to the bar and now represents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283754.) In both actions Foster Taft sought medical records from Defendant relate...
2021.03.01 Motion for Determination of Good Faith Settlement 325
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.03.01
Excerpt: ... court by National General Insurance Company; and to Order the clerk to release and disburse to Plaintiff Maribel Lopez $5,000.00 from funds deposited with the court by National General Insurance Company. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant has entered into a settlement with Plaintiff Visalia Unified School District and Plaintiff Maribel Lopez. This is an in...
2021.02.25 Demurrer 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.25
Excerpt: ...s order. Defendant demurs to the Third Cause of Action – for Conspiracy and to the Fifth Cause of Action – for Unfair Competition in Plaintiff's Third Amended Complaint. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) An exception, however, is that the general rule is limited to those material facts proper...
2021.02.25 Demurrer 403
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.25
Excerpt: ...uired administrative remedies have been exhausted. Plaintiffs are the relatives of Albert Balderas, Jr., deceased. The decedent was a disabled individual who received services from Defendants Social Vocational Services, Inc. and Defendant Central Valley Regional Center, Inc. While on an outing with SVS, decedent was arrested for improperly touching a boy in a restroom. While in custody at the Tulare County pre-trial detention facility, decedent w...
2021.02.25 Motion for Determination of Good Faith Settlement 526
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.25
Excerpt: ... good faith settlement. Defendant Dokken Engineering, Inc. objects to the settlement. In this action City of Dinuba seeks to recover from Seville Group and Dokken Engineering the amount of an arbitration award entered against it and in favor of Papich Construction, Inc. The City seeks to recover the sum of $3,700,000.00 plus fees and costs. The amount represents expenses incurred for dealing with underground utility lines which had to be moved fo...
2021.02.23 Petition for Writ of Mandate, Motion to Strike 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.23
Excerpt: ...to Petitioner's First Amended Petition for Writ of Mandate; and (2) To Grant the Motion by Touchstone Pistachio Company to Strike Portions of the First Amended Petition for Writ of Mandate, with leave to amend. Any amended petition should be filed and served within fourteen (14) days of this order. (1) Real Party in Interest (“Touchstone”) demurs to all causes of action asserted in the First Amended Petition for Writ of Mandate. Touchstone as...
2021.02.23 Demurrer, Motion to Strike 909
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.23
Excerpt: ...amended complaint must be filed and served within ten (10) days of this order. (2) To Deny Defendant's Motion To Strike Punitive Damages in Plaintiff's Complaint (1) In this lemon law action, Defendant demurs to Plaintiff's 3 rd, 5 th and 6 th Causes of Action. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) A...
2021.02.23 Application for Determination of Good Faith Settlement 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.23
Excerpt: ...he Motion by Defendant David Wilgus to Contest the Application for Determination of Good Faith Settlement. This action arises from an automobile accident occurring August 1, 2018. Plaintiff seeks recovery for injuries suffered as a passenger of one of the two vehicles involved in the accident. Defendants Feinstein and Wilgus were drivers of the vehicles. Feinstein has filed a Cross-Complaint against Wilgus for indemnification and apportionment of...
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...
2021.02.22 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...
2021.02.18 Motion to Compel Site Inspection 661
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.18
Excerpt: ... order on October 30, 2020. In the past, the parties have indicated the proposed depositions are dependent on site inspection results. The parties have endeavored to reach agreement for a further site inspection order. The parties' efforts have been unsuccessful. Plaintiff has submitted a proposal calling for testing of multiple wells and other sites on Defendant's property over a period of many months which Plaintiff claims is necessary to estab...
2021.02.18 Motion for Preliminary Approval of Class Action Settlement 913
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.18
Excerpt: ...y 18, 2021 to provide further information. Supplemental supporting documents were submitted on February 16, 2021 only 2 days before the hearing. Plaintiff has addressed a majority of the deficiencies noted by the court in its January 7, 2021 ruling. The court's remaining concerns are as follows: Plaintiff has provided information as requested about the net settlement and estimated distribution to class members. The estimated average distribution ...
2021.02.11 Motion for Summary Judgment 363
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.11
Excerpt: ... from Defendant's negligence in permitting an unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. This is Plaintiff's second effort seeking summary judgment. Her first motion was denied on February 13, 2020 almost a year prior to the current hearing. Defendant points out a myriad of procedural deficiencies in the moving papers, the majority of which are valid. The court, however...
2021.02.09 Demurrer 063
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.09
Excerpt: ...ed by the parties is precluded as a matter of law under Business and Professions Code 16600. B&P 16600 limits but does not totally bar non-solicitation agreements. Defendant has not shown that the agreement at issue here is precluded by the statute as a matter of law. Defendant has not shown that the agreement restricts Defendant from employment opportunities. Defendant has not shown that the agreement is unenforceable as a matter of law under Lo...
2021.02.09 Motion for Summary Judgment, Adjudication 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.09
Excerpt: ...Ruling: (1) To Grant the motion of Defendant Marriott Visalia for Summary Judgment; (2) to Deny the motion of Defendant Elmore Sports Group, Ltd. for Summary Judgment; (3) to Deny the motion of Defendant Inland Empire 66ers for Summary Judgment and to deny the alternative motion for summary adjudication as to all issues submitted; and (4) to Deny the motion of Defendant Taylor Dunn for Summary Judgment. Plaintiff asserts she was severely injured ...
2021.02.09 Motion for Preliminary Approval of Class Action Settlement 839
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.09
Excerpt: ...r Tuesday, May 11, 2021 at 8:30 a.m. in Department 2. Plaintiff shall submit a revised proposed order with the correct department and judicial officer as well as providing for the final hearing date. The court initially heard the motion on October 21, 2019 and denied the motion outlining a number of deficiencies. The court finds Plaintiff's supplemental declarations filed on October 23, 2020 sufficiently address the court's concerns and to enable...
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...
2021.02.04 Motion to Compel Arbitration and Stay Action 803
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.04
Excerpt: ...serts Plaintiffs are required to arbitrate even though one of them is not a signatory to the agreement containing the arbitration clause under Felisilda v. FCA US LLC (2020) 53 Cal.App.5 th 486. Plaintiff asserts the case is not applicable because Plaintiff has dismissed all claims against the dealer and is pursuing only the manufacturer. At least one federal court agrees with Plaintiff's contention that Felisilda does not apply when pursuing onl...
2021.02.04 Motion for Sanctions, to Tax Costs 949
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.04
Excerpt: ...Plaintiff's Motion to Tax Costs. Defendant seeks monetary sanctions asserting Plaintiff continued to pursue frivolous pleadings after being advised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. The court finds Defendant's notice of the hearing on its motion for sanctions was statutorily compliant. Plaintiff's attempt to assert the motion was fatally deficient because the motion was heard on January 14, 2021 rather th...
2021.02.04 Motion for Final Approval of Class Action Settlement, for Attorneys' Fees 188
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.04
Excerpt: ... at 8:30 a.m. in Department 1. On August 27, 2020, the court granted preliminary approval of the class settlement entered between Plaintiffs and Defendants. The declaration from the settlement administrator shows that notice of the settlement was provided to 474 class members by mail on October 19, 2020. Twenty-nine notices were ultimately undeliverable. No requests for exclusion from the class were received. No objections to the settlement were ...
2021.02.02 Motion for Summary Judgment, Adjudication 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.02
Excerpt: ... approximately 12:45 a.m. on June 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant William Thornhill is also employed in a management capacity by a minor league baseball team, Defendant Lancaster Jethawks. Plaintiff asserts moving defendant was one of the organizers of the footrace. Plaintiff asserts a cause of action for negligence against Movant. Plaintiff ...
2021.02.02 Demurrer 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.02
Excerpt: ...he covenant of good faith and fair dealing, slander of title, and intentional interference with prospective economic relationship. The action relates to development of real property commonly known as 2948 and 2950 East Douglas Avenue, Visalia California and 1333 Lewis Lane, Tulare, California. Defendants demur to the sixth cause of action – for slander of title and to the seventh cause of action – for intentional interference with prospective...
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...
2021.01.26 Demurrer 987
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.26
Excerpt: ...n should be filed and served within twenty (20) days of this order. Petitioner is self-represented. Notice of both demurrers appears to have been adequate. Petitioner has not filed a response to either demurrer. Petitioner's amended petition is unclear and improperly appears an attempt to add to rather than replace her initial pleading which was captioned as a “Motion for Judicial Review.” Taken together it appears the primary relief sought b...
2021.01.26 Motion for Preliminary Approval of Class Action Settlement 364
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.26
Excerpt: ...liminary approval. The court reviews the motion with regard to the deficiencies previously noted by the court. Justification for installment funding Plaintiff has filed a supplemental declaration from Defendant which adequately supports the provision for installment funding of the settlement amount within 90 days. Enhancement awards to class representatives Plaintiff has not presented additional information to support the requested awards and ref...
2021.01.26 Motion to Dismiss Action 446
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.26
Excerpt: ... to discovery. Notice of the motion appears to have been adequate. Plaintiff has not responded to the motion. Plaintiff's action has been pending for more than a year, since December 12, 2019. Plaintiff failed to respond to Defendants' written discovery propounded in February 2020. Plaintiff failed to respond to Defendants' initial motion to compel responses to discovery filed July 17, 2020. On August 17, 2020, the court adopted its tentative rul...
2021.01.21 Motion for Attorneys' Fees 786
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.21
Excerpt: ...r Costs and Attorneys' Fees as Prevailing Party on Appeal and to Order that Defendant recover costs on appeal in the sum of $820.70; and (2) to Grant the Motion by Plaintiff to Strike/Tax Memorandum of Costs on Appeal Submitted by Defendant D.L. Walton Engineering and to Order the claim for attorneys' fees stricken from Defendant's Memorandum of Costs on Appeal. Plaintiff obtained judgment against Defendant by default. Defendant moved in this cou...
2021.01.14 Motion for Summary Judgment 423
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.14
Excerpt: ...material, triable issues of fact exist are to be resolved in favor of the party opposing summary judgment. . .. A defendant moving for summary judgment meets its burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (§ 437c, subds. (o)(2), (p)(2).) If the defendant does so, the burden...
2021.01.14 Motion for Sanctions 949
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.14
Excerpt: ...vised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. Defendant asserts Plaintiff's pleadings in this action were both factually frivolous and legally frivolous. Defendant seeks monetary sanctions in the sum of $8,757.00. Defendant asserts the amount represents reasonable attorneys' fees and costs incurred since the notice required under CCP 128.7 was given. Defendant's Request for Judicial Notice is granted. Plaintiff...
2021.01.12 Motion for Summary Judgment 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.12
Excerpt: ... 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant Lancaster Jethawks is the baseball team with whom one of the alleged race organizers was employed. (Defendant Will Thornhill.) One of the runners was also employed by Movant. (Defendant Dunn.) Plaintiff asserts a cause of action for negligence against Movant. Plaintiff was also employed in minor league basebal...
2021.01.12 Demurrer, Motion to Strike 012
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.12
Excerpt: ...ather Pietroforte and Law Offices of Heather Pietroforte, A Professional Corporation's demurrer to plaintiff's first amended complaint (2) To grant defendants' motion to strike portions of plaintiff's first amended complaint without leave to amend. Defendants shall have 30 days from the date of notice of this ruling to answer the plaintiff's complaint DEFENDANTS' REQUEST FOR JUDICIAL NOTICE The court notes that a more detailed ruling on defendant...
2021.01.12 Demurrer 077
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.12
Excerpt: ...VE FACTS Plaintiff Elizabeth Rocha was employed by the defendant Tulare County Office of Education (TCOE) as a rehabilitation specialist. She alleges that during the time that plaintiff worked for TCOE at the Washington Intermediate School in Dinuba, she was the subject of incidents that threatened her safety and the safety of other students and staff. Plaintiff contends that TCOE ignored her requests for physical assistance (and was instructed t...
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...
2021.01.07 Demurrer, Application to Appear Pro Hac Vice 700
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.07
Excerpt: ...Complaint. (2) To Grant the Application of Michael A. Graziano to Appear as Counsel Pro Hac Vice. (1) Plaintiff asserts Defendant breached its account holder agreement by charging two fees during a single use of a third party automated teller machine – $1.50 for withdrawing funds and $1.00 to check the account balance. Plaintiff alleges only one fee is authorized under the agreement. Plaintiff asserts claims both individually and as representat...
2021.01.07 Motion for Attorneys' Fees 361
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.07
Excerpt: ...ees, costs, and expenses. This award of attorney fees is based on lodestar attorney fees of $53,600.00 plus a lodestar multiplier of 0.5 for the Knight Law Group and a lodestar of $2,950.00 plus a lodestar multiplier of 0.5 for the law firm of Robinson Calcagnie, Inc. Plaintiffs shall also recover their costs incurred in the amount of $12,396.90 subject to defendant's motion to tax costs that will be heard on January 21, 2021. The Song-Beverly Co...
2021.01.07 Demurrer, Motion to Strike Punitive Damages 377
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.07
Excerpt: ...thurton's first amended complaint. Defendant General Motors LLC's shall file its answer to the plaintiff Arthurton's first amended complaint within ten (10) days of this ruling. General Motors LLC's demurrer to Mr. Arthurton's first amended complaint In this action, Mr. Arthurton asserts causes of action for breach of implied warranty of merchantability under the Song-Beverly Warranty Act, breach of express warranty under the Song- Beverly Warran...
2021.01.07 Motion for Preliminary Approval of Class Action Settlement 913
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.07
Excerpt: ...otion and initial declaration 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 ($750,000) The gross settlement amount is $750.000. Plaintiff estimates the total number of class members is proximately 2400. Plaintiff provides...
2021.01.05 Motion to Compel Responses, to Deem Matters Admitted 363
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.05
Excerpt: ... the alternative to deem matters admitted; (2) To grant in part and deny in part plaintiff Harriet Armstead's Motion to Compel Special Interrogatories, Set Two Plaintiff Harriet Armstead's Motion to Compel Responses, or in the Alternative to Deem Matters Admitted This is a personal injury case that arises out of an April 20, 2019 confrontation between plaintiff and a dog owned by defendant Tamara Lagomarsino. Plaintiff contends that she fell and ...
2021.01.05 Motion to Compel Clinical Interview 710
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.05
Excerpt: ...e to conduct this interview All parties were given proper notice of this matter. There has been no response to this motion. Defendant Allan moves this court for an order that compels plaintiff Angela Reynoso to submit to a clinical interview to evaluate the nature and extent of any physical injuries she sustained as the result of a traumatic brain injury that she attributes to the accident at issue in this case. The court notes that defendants ha...
2021.01.05 Motion for Reconsideration 095
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.05
Excerpt: ...tiffs' Complaint. Defendant mailed a form of judgment to Plaintiffs on September 9, 2020. The court signed the form of judgment on September 30, 3020 and judgment was filed the same day. Plaintiff now asserts they attempted to appear at trial via Zoom, but were unable to do so. The court normally only allows Zoom trial appearances by stipulation, which, in this case, the plaintiff had neither sought nor received. As will be detailed below, this c...
2021.01.05 Motion for Preliminary Approval of Class Action Settlement 371
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.01.05
Excerpt: ...low. Plaintiffs should 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 ($2,000,000.00) The gross settlement amount is a figure not to exceed $2,000,000 Plaintiff estimat...
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...
2020.12.29 Motion to Enforce Settlement Agreement 249
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.29
Excerpt: ...of a motor vehicle versus pedestrian accident where the terms of a settlement were agreed to by the parties at a mandatory settlement conference on November 29, 2018. Plaintiff's counsel dictated the terms of this settlement “on the record” in open court during the November 29, 2018 mandatory settlement conference. A first draft of the settlement was ordered on December 11, 2018 and defendant's counsel e-mailed the terms of the settlement to ...
2020.12.29 Motion to Compel Further Responses 224
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.29
Excerpt: ...et three) and for monetary sanctions in the amount of $3,375 The court notes that it has already approved the definition of “class members” as previously suggested by the plaintiff (“All non‐exempt employees who, at any time from January 29, 2015 through the date Notice is mailed to the class, was employed as a bus driver for Classic Charter”) But in plaintiff's third inspection demand plaintiff defines “class members” as “All emp...
2020.12.29 Motion for Summary Judgment, Adjudication 514
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.29
Excerpt: ...The Court has not received any response to this MSJ. Judicial Notice is granted as to defendants' request for judicial notice under Evidence Code 452(d) This MSJ arises out of a wrongful termination cause of action and related claims brought by plaintiffs David Gonzalez and Jose Adolfo Villagomez against their previous employer defendant Agri- Care. Defendant Tate Sandborg was the plaintiffs' direct supervisor and Farm Supervisor who reported to ...
2020.12.29 Demurrer, Motion to Strike 272
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.29
Excerpt: ...To Grant Defendants' Motion to Strike Portions of Plaintiff's Complaint related to claims for punitive damages, with leave to amend. Plaintiff shall file any amended complaint within fourteen (14) days of this ruling. (1) Plaintiff asserts a number of causes of action arising from alleged wrongful termination of his employment. Defendant demurs to the First Cause of Action – for Discrimination; the Second Cause of Action – for Failure to Acco...
2020.12.22 Motion for Judgment on the Pleadings 268
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.22
Excerpt: ...t, by order of October 2, 2020, has resolved the identical issues raised by Plaintiff in this action. Plaintiff disputes Defendant's assertions. Plaintiff contends the October 2 order was limited to costs of a completed feasibility study and does not include Plaintiff's liability for ongoing or future cleanup costs. The court finds Plaintiff's contention unpersuasive. Considered in its entirety, it is clear to the court that the federal district ...
2020.12.17 Motion to Strike 801
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.17
Excerpt: ... a personal care attendant for Patricia Kline. In October 2020, Patricia Kline passed away. Defendant Gerald Kline remains in possession of the premises despite the plaintiff's demand that Mr. Kline vacate. Plaintiff has requested confirmation of Ms. Kline's date of death and a copy of her death certificate. But to date, the Kline family has not provided any evidence that Ms. Kline has indeed passed away. Moreover, plaintiff conducted an internet...
2020.12.17 Motion to Quash Doe Amendment 205
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.17
Excerpt: ... medical negligence. In the original complaint the only named defendant was Kaweah Health Care District. The “Doe” defendants 1-25 were named as fictitious names and plaintiff contended that he could not identify the true names of these Doe defendants when he filed his original complaint. On November 15, 2019, plaintiff served a “Notice of Intention to Commence Suit” that identified both Optimal Health Services and Optimal Home Health Car...
2020.12.17 Motion to Enforce Settlement 134
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.17
Excerpt: ..., the parties entered into a Settlement Agreement that obligated defendant to pay $10,000.00 to plaintiff in monthly payments of $200.00. These monthly payments were to begin on September 15, 2020. Plaintiff's counsel Adam B. Stirrup states in his declaration that defendant has not paid any of the monthly payments. No opposition to the motion has been filed. The terms of this settlement were memorized in a February 28, 2020 “Settlement Agreemen...
2020.12.17 Motion for Entry of Judgment Pursuant to Stipulation of Parties 663
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.17
Excerpt: ...ng out of a credit card obligation where plaintiff Capital One Bank pleads causes of action for breach of contract and common counts. On February 5, 2019, the parties entered into a Settlement Agreement that obligated defendant to pay $12,040.11 to plaintiff in monthly payments of $325.00 beginning on the 16th day of every month until the debt has been paid in full. This settlement agreement reserved the right to plaintiff to move the court under...
2020.12.15 Motion to Quash for Lack of Personal Jurisdiction 238
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2020.12.15
Excerpt: ...without prejudice. This is a contract action that involved the arrest of two vessels for the alleged non-payment of bunker supplies and the consequent failure to release these vessels and their contents to the plaintiffs. Plaintiff are the guarantor and shipping company for these vessels. The defendants are the owners of the vessels. Defendant AAA is a company engaged in ship management and ship owning only with its principal place of business in...
2020.12.15 Motion to Continue Trial, to be Relieved as Counsel 623
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.15
Excerpt: .... The Court finds that moving party attorney George J Vasquez of the has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. The supporting declaration of George J Vasquez establishes that the plaintiff Jose Lopez has refused to cooperate with his counsel in the prosecution of his case and that the attor...
2020.12.15 Motion for Preliminary Approval of Class Action Settlement 364
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.15
Excerpt: ...Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs assert there are 103 members of the proposed class, representing employees who worked for Defendant for the period covered by the complaint. The proposed gross settlement amount is $500,000.00. Plaintiffs have shown, based on information obtained through discovery, their calculations of maximum amounts recoverable in the event Plaintiffs were to obta...
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...
2020.12.10 Demurrer 532
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.10
Excerpt: ...No. VCU276661 filed December 18, 2018. The prior action was not served until Plaintiff filed its First Amended Complaint on July 31, 2019. The prior action was brought by the City of Corcoran against Curtimade Dairy asserting causes of action for public nuisance, trespass, negligence, and unlawful business practices. Both the prior action and the subject action involve disputes between the parties over alleged contamination of city water wells fr...
2020.12.10 Motion for Summary Adjudication 786
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.10
Excerpt: ...adjudication were separately filed in each case. On November 22, 2020 the court entered its order consolidating the cases for purposes of summary adjudication. The subject motions arise out of two separate actions arising out of the treatment of John Torrez III. The first action (VCU268786) was a medical negligence claim and included a loss of consortium claim by spouse Bernadette Torrez. The action was filed in March 2017 and alleged damages fro...
2020.12.10 Motion to Compel Responses, for Sanctions 205
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.10
Excerpt: ...ntiff shall provide full and complete verified responses to these discovery requests without objection to defendant's counsel later than 20 days from the date of notice of this ruling. Mr. Souza and his counsel shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 no later than 30 days from the date of notice of this ruling as per CCP §2023.030 (a) and CCP §2030.290(c) The Court notes that these discovery motions wer...
2020.12.10 Motion to Compel Responses, Request for Sanctions 623
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.10
Excerpt: ...mand for production of documents. Claimant Ricky Lynn Serrate shall provide full and complete verified responses to these interrogatories and document requests without objection within thirty days from notice of this ruling. Claimant Ricky Lynn Serrate shall also pay monetary sanctions to AAA's counsel in the amount of $472.50 within thirty days from the notice of this ruling. The Court notes that these discovery motions were timely noticed and s...
2020.12.10 Motion to Enforce Compliance with Stipulation for Possession of Property 929
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.10
Excerpt: ...urther the construction of the State's high speed rail project. Negotiations between the parties resulted in a stipulation and order that the court entered on January 28, 2020. This stipulated order imposed a duty on the parties to cooperate and collaborate and undertake the necessary steps required to enable the State of California to acquire the portion of the defendant's property that it seeks to obtain. The State contends the defendant has no...
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...
2020.12.07 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...
2020.12.03 Motion to Compel Site Inspection, for Summary Adjudictaion 661
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.03
Excerpt: ...efendant's Motion for Summary Adjudication of Plaintiff's Third Cause of Action for Negligence. (1) On October 30, 2020 the court issued its initial order for a visual inspection of Defendant's property. As part of its order, the court set a further hearing on Plaintiff's motion. There is no additional tentative ruling. The parties are directed to appear prepared to address the status of the preliminary inspection and be prepared to discuss any f...
2020.12.03 Motion to Compel Arbitration 040
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.12.03
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 ...
2020.12.01 Motion to Compel Arbitration, for Dismissal or Stay of Proceedings 330
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.01
Excerpt: ...r 29, 2020. The hearing was continued at the request of the parties until after a second round of mediation could be held on November 19, 2020. No documents have been filed in this action since September 24, 2020. Defendant's motion was filed on August 5, 2020. Plaintiff filed opposition on September 16, 2020. Defendant's reply was filed on September 16, 2020. Nothing having been filed as to the status of the parties' mediation efforts, the court...
2020.12.01 Motion for Summary Judgment, Adjudication 794
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.01
Excerpt: ...; 3) Negligent Hiring/Retention; 4) Sexual Battery; and 5) Sexual Harassment. Defendant moves for summary judgment/adjudication as to all causes of action. Defendant asks the court to take judicial notice of three documents. The court grants the request as to the March 9, 2019 ruling on Defendant's Motion to Strike and Motion for Judgment on the Pleadings. (Exhibit RJN-A.) The request is denied as to the other documents which are not court record...
2020.12.01 Demurrer, Motion to Strike Punitive Damages 118
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.12.01
Excerpt: ...int. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this ruling. (1) In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to his purchase in October 2017 of a new 2017 Cadillac Escalade vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asse...
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...
2020.11.30 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 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 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...
2020.11.24 Petition for Relief from Provisions of Government Code 945.4 700
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.24
Excerpt: ...was repeatedly assaulted and threatened by Sergeant Ramirez in 2018 and 2019, with the final incident occuring in June 2019. Following this final alleged assault, Ms. Hillan was allegedly threatened with violence by Sergeant Ramirez (an employee of Tulare County Sheriff's Department) if she reported the assault, had been allegedly told by Sergeant Ramirez's employer that she should stay quiet because Sergeant Ramirez would be protected by the she...
2020.11.24 Motion for Leave to File Complaint-in-Intervention 415
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.24
Excerpt: ...(Code of Civil Procedure §387) Tentative Ruling: Star Insurance Company's Motion for Leave to File a Complaint-In-Intervention is granted. Intervenor Star Insurance Company shall have ten days' leave to file its complaint-in- intervention in this case. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This...
2020.11.19 Special Motion to Strike 532
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.11.19
Excerpt: ...at Defendant is entitled to recover its reasonable attorneys' fees and costs for bringing its Special Motion to Strike as to these claims. In its prior ruling on September 17, 2020, the court, on the merits, denied Defendant's Special Motion to Strike as to Plaintiffs' claims for breach of contract and for inverse condemnation. The motion as to Plaintiffs' claims for malicious prosecution, abuse of process, and violation of civil rights was made ...
2020.11.19 Motion for Summary Judgment, Adjudication 006
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.11.19
Excerpt: ...'s motion was initially heard on June 25, 2020. The motion as it relates to summary adjudication of Plaintiff's product liability claim (Plaintiff's Second Cause of Action) was continued to August 20, 2020 to enable Plaintiff to conduct discovery related to the elevator in which Plaintiff alleges she suffered injury. The court invited supplemental opposition from Plaintiff and a reply from Defendant. Plaintiff submitted her opposition documents o...
2020.11.19 Motion for Summary Judgment 541
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.11.19
Excerpt: ...ty Act because Plaintiff's vehicle does not fall under the definition of Civil Code 1793.22(e)(2) Defendant asserts the vehicle was purchased for business purposes and asserts the weight of the vehicle exceeds 10,000 lbs. Under these facts, the vehicle would not be subject to the protections of Song-Beverly. Plaintiff disputes the vehicle weight asserted by Defendant. Civil Code 1793.2(e)(2) defines a vehicle covered under Song-Beverly as follows...
2020.11.19 Motion for Leave to File Amended Answer 205
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.11.19
Excerpt: ...ction. On May 21, 2020, plaintiff amended his complaint to identify defendant Optimal Health Services as DOE 3. Optimal answered plaintiff's complaint on July 1, 2020. On July 27, 2020, counsel for Optimal learned that plaintiff served Optimal with a Notice of Intention to File Suit on November 15, 2019 that identified Optimal by name and demonstrated that the plaintiff was aware of its identity before filing his complaint. Optimal now seeks leav...
2020.11.17 Motion for Admissions to be Deemed Admitted, for Sanctions, to Dismiss Action 446
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.17
Excerpt: ...d Christian Durkee Only) as Terminating Sanction for Failure to Respond to Discovery Notwithstanding Court Order Tentative Rulings: (1) Defendant Heartland Express Inc. of Iowa's motion for order that requests for admission to plaintiff Henry Jiminez be deemed admitted is granted. The facts and allegations set forth in Requests for Admissions 1 through 12 of defendant Heartland Express Inc. of Iowa's first set of request for admissions to plainti...
2020.11.17 Demurrer 599
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.17
Excerpt: ...ted to her purchase in September 2013 of a new 2013 Nissan Sentra vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, Nissan North America, Inc. Plaintiff has not asserted any claims against the selling dealer. Defendant demurs to the Third Cause of Action – for fraudulent inducement/concealment For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas...
2020.11.10 Motion to Set Aside Default 139
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.10
Excerpt: ... was not required to do anything to further her defense of this action until that time. The court is not persuaded. CCP §473(b) provides that “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The summons that plaintiff served on Ms. Mayorga u...
2020.11.10 Motion to Compel Responses, Request for Sanctions 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.10
Excerpt: ...arty Richard L. Wendt and request for sanctions is granted. Dr. Wendt shall produce the requested records to defendant's counsel no later than 10 days from the notice of this ruling. Dr. Wendt shall also pay sanctions to defendant's counsel in the amount $560.00 no later than 30 days from the date of notice of this ruling All parties were given proper notice of this matter. There has been no response to this motion. Defendant Altura Centers for H...
2020.11.10 Motion for Attorney's Fees 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.11.10
Excerpt: ...s prepared a motion for judgment on the pleadings. Defendant asserts the motion was filed with the court on September 23, 2020. There is no indication in the court's case management system that the motion was filed. On September 23, 2020, the action was dismissed at Plaintiff's request. Defendant has shown under the circumstances presented he is the prevailing party in this matter and entitled to recover his reasonable attorneys' fees pursuant to...

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