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1898 Results

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2022.11.14 Demurrer 600
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.14
Excerpt: ...ourt for relief from the claims filing requirements and the Court granted the relief sought. As such, the demurrer as to compliance with the claims presentation requirements is overruled. The Court will address the substantive arguments as presented in the remainder of the demurrer. On June 23, 2022, Plaintiff filed a first amended complaint alleging one cause of action for discrimination, a second cause of action for failure to prevent discrimin...
2022.11.08 Motion to Set Aside or Vacate Default Judgment 404
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ...f of service as to Defendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA. A registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Pakcing, Inc. filed on ...
2022.11.08 Motion to Compel Further Responses 559
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.11.08
Excerpt: ...te of Wanger Jones Helsley PC, due no later than thirty (30) days from this hearing. Facts This limited civil case alleges two causes of action for open book account and account stated as against Defendant Juan Torres Construction Inc. Plaintiffs First Set of Request for Admissions were served on July 14, 2022. Defendant served responses on August 18, 2022. The responses stated: “Responding Party incorporates by reference the aforementioned Pre...
2022.11.08 Motion to Change Venue 366
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ... Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt employees within California.” (FAC ¶ ...
2022.11.08 Demurrer 564
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ...panish. (Complaint ¶¶2, 3, 4.) Defendant Ken Horn is the Principal and Superintendent of Defendant Sequoia Union Elementary School. (Complaint ¶7.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). On September 7, 2021,...
2022.11.08 Demurrer 563
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ...Mitigation/Early Childhood Director” for the Tulare City School District. (Complaint ¶3.) Defendant Ira Porchia's job title is “Director of Child Safety.” (Complaint ¶4.) Philip Pierschbacker's job title is “Assistant Superintendent of Personnel” (Complaint ¶5.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations ...
2022.11.07 Motion for Relief from Entry of Dismissal or for Leave to File Complaint 255
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...motion as moot by the ruling on (1). Facts Plaintiff filed this complaint March 16, 2021. The complaint pled one count of partition as to real property located in Terra Bella, CA and a second count for money owed as to property expenses. Plaintiff sought partition of the property by sale, attorney fees, and costs. Defendants Charles Adams Jr. and Gina Adams answered the complaint and sought affirmative relief as to the first cause of action for p...
2022.11.07 Motion for Approval of PAGA Settlement 784
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...unt is $215,000.00 Plaintiff estimates approximately 784 covered employees. The covered employees consist of “all of Trinity Packing Company, Inc.'s nonexempt employees who worked for Trinity Packing Company, Inc. in California at any time from April 29, 2020 to February 22, 2022.” Plaintiff brings claims for (1) Meal Period Violations; (2) Rest Period Violations; (3) Failure to Reimburse Necessary Business Expenses (4) Wage Statement Violati...
2022.11.07 Demurrers 117
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...forth in the current third amended complaint, but, to the extent plaintiffs omit contextual allegations or change allegations from prior versions that are inconsistent with earlier allegations, the facts include allegations from prior versions of the complaint. During recent years, the California olive industry has been under substantial threat due to competition from low‐cost Spanish olives. In response, in June 2017, Bell‐Carter and Musco, ...
2022.11.07 Demurrer 972
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.07
Excerpt: ...o and Eric Miller entered into year‐long tenancy with $1,750 due per month. (Complaint ¶5 – Ex. 1.) The lease after expiration of the year became month to month. (Complaint ¶5 – Ex. 1.) On September 20, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be served on Defendants by posting and mailing. (Complaint ¶7 – Ex. 3.) The Notice states rent due in the amount of $12,355 consisting of $1,750 per month...
2022.11.07 Demurrer 431
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...sulting fee of $95,550.00 for a cumulative loan that totals $5,460,000,” which fee would be “pro‐rated to reflect the actual funds raised should UFIG investor base fail to fund the entire required amount of $5,460,000.00.” (Complaint ¶ 7.) Plaintiff further alleges that on or about April 14, 2022, Defendants purchased 1500 N. Cherry Court, Tulare, CA and thus triggered the consulting fee in the amount of $82,211 (Complaint ¶ 8.) Plainti...
2022.11.03 Motion for Judgment on the Pleadings 575
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.11.03
Excerpt: ...ed by Plaintiff ending 0635. Defendant answered the complaint. On or July 19, 2022, the Court deemed admissions nos. 1 through 11 admitted as follows: 1. YOU admit that YOU applied for the credit card ACCOUNT with JPMorgan Chase Bank, N.A; 2. YOU admit that YOU received a Cardmember Agreement, for the credit card ACCOUNT ending in XXXXXXXXXXXX0635; 3. YOU admit that YOU voluntarily agreed to abide by all terms and conditions listed in the Cardmem...
2022.11.03 Motion to Quash, Demurrer, Motion to Strike 366
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...
2022.11.03 Motion to Compel Arbitration 878
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...
2022.11.03 Motion to Strike 034
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...
2022.11.01 Petition for Claim for Relief from Government Code 186
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2022.11.01
Excerpt: ...Facts Petitioner was employed by the City of Porterville as a firefighter. (Declaration of Roulston (“Roulston Decl.”) ¶1.) Petitioner was terminated on October 18, 2021. (Roulston Decl. ¶ 1.) Petitioner was terminated apparently based upon an off‐duty arrest on July 3, 2021 for alleged assault and battery. (Roulston Decl. ¶ 6.) On October 13, 2021, an administrative hearing (Skelly hearing) took place. (Roulston Decl. ¶ 6.) At the Skel...
2022.11.01 Demurrer to SAC 371
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.01
Excerpt: ...olves allegations that Plaintiff and decedent, Alfonso Elizondo, entered into an oral agreement to purchase 10246 Avenue 388, Dinuba, California (the “Subject Property”) in 2006, that Plaintiff and her family resided at the Subject Property since 2006, and were was financially responsible for the Subject Property, paying all property taxes, trash/water, utility payments and maintenance. Alfonso passed away and his son, Defendant Jason Elizond...
2022.11.01 Demurrer 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.01
Excerpt: ...ivil Procedure Section 526a to Restrain Waste and Illegal Expenditure of Funds), (8) Violation of Bane Act under Civil Code section 52.1, (14) Penal Code 646.9, (15) “Ralph Civil Rights Act” (Civil Code section 51.7) (16) False Imprisonment (FAC ¶958), (17) Assault (FAC ¶959); To sustain the demurrer without leave to amend as to the individual defendants (Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma ...
2022.10.31 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 879
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.31
Excerpt: ...wful detainer matter involving residential property located at 1017 W. Goshen Ave ‐ #8B, Visalia, CA 93291, the Court held trial on October 19, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $2,137.50 to Plaintiff. Defendants did not appear at trial. Defendants, on October 28, 2022, filed this ex parte motion to vacate judgment after trial or to stay exec...
2022.10.31 Motion for Extension to Enforce Settlement 169
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.31
Excerpt: ...as not filed a response. This matter, involving the building of a 1966 Jeep CJ5, was settled at mediation wherein Defendants agreed to pay Plaintiff a total of $20,500 by September 18, 2022 via two payments: A first payment of $5,000 was to be by cashier check and exchanged “at the time of the subject Jeep and parts purchased by Defendant, and items built by Defendant” (“Jeep Components”) were picked up by the Plaintiff or Plaintiff's aut...
2022.10.31 Demurrer 111
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.31
Excerpt: ... (“PAGA”) action, Case No. VCU292204, (“PAGA Action”) for all pre‐trial purposes, turns the demurrer by Defendant. Facts Defendant demurs on the basis that a separately filed case, Tim Penny, individually, and on behalf of all others similarly situated, v. Universal Protection Service, LP, Sacramento County Superior Court Case No. 34‐2022‐00314013 (filed January 18, 2022) (the “Penny Case”) seeks the same relief for the same gro...
2022.10.28 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 703
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.28
Excerpt: ...arties may appear in any manner. Facts In this unlawful detainer matter involving residential property located at 1425 S Central St. Ap #4, Visalia, CA 93277, the Court held trial on October 17, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,456.40 to Plaintiff. Defendant Cox did not appear at trial. Defendant Cox, on October 27, 2022, filed this ex part...
2022.10.27 Demurrer 084
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.27
Excerpt: ...plaint ¶ 6.) On September 28, 2022, Plaintiff caused a notice to quit (“Notice”) based on non‐compliance in the lease agreement as follows:  “Section 2 : Only one Tenant on Agreement. Tenant plus two now living on property.”  “Section 1: Landlord drops by rental and finds a dog occupying the home”  “Section 4: Tenant subleting (sic) to others”  Section 5. Failure to pay rent and excessive water useage (sic) from her...
2022.10.26 Motion for Relief from Default 058
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.26
Excerpt: ... personal service on Defendants Auerlio Bernal and Maria Bernal occurred on October 8, 2022 and that substitute service was made on Angel Bernal on October 10, 2022. On October 17, 2022, default judgment was entered as to Defendants Auerlio Bernal and Maria Bernal only. On October 24, 2022, Defendants Auerlio Bernal and Maria Bernal file this ex parte motion to vacate the default judgment. However, Defendants provide no factual basis or legal arg...
2022.10.25 Demurrer, Motion to Strike 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...nd the motions to strike [(2), (4) and (7)] moot by the Court's ruling on demurrer. 1. Facts Common to All Motions Plaintiff filed a complaint on May 5, 2022. Plaintiff filed a first amended complaint on August 25, 2022. Although the Court sustained a demurrer by Dr. Benjamin that did not provide leave to amend as to a number of causes of action, Plaintiff's amended complaint pled, again, every cause of action from the initial complaint as follow...
2022.10.25 Motion for Preliminary Approval of Class Action and PAGA Settlement 872
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...ment of approximately $8.86. The Class Members consist of: “all non‐exempt employees employed by Grapes FLC from January 1, 2018 through June 30, 2022..” Plaintiff alleges Defendant (1) failed to pay minimum wages for all hours worked; 2) failed to pay overtime wages for all hours worked including for the time associated with washing grape trays; 3) failed to provide lawful meal periods; 4) failed to provide lawful rest periods; 5) failed t...
2022.10.25 Motion for Leave to File Complaint 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...h settlement as to their lability. The complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house owned by Norman and Martha Faucett. Defendant SCC is alleged to have removed sections of a fence and failed to ...
2022.10.25 Motion to Strike Damages and Punitive Damages 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...ity located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, LLC are alleged to be the licensee, owner operator, a skilled nursing facility, and/or a intermediate care facility within the meaning of Health and Safety Code section 1250. Defendant Terri Tate served as the director for the facility and/or had custodial obligati...
2022.10.24 Motion to Dismiss 709
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.24
Excerpt: ...2022. The case is now set for trial January 12, 2023, five years and eight months after filing of the complaint. Defendants, having obtained relief from default and filed an answer, now move to dismiss the matter for the failure to bring the matter to trial within the five‐year limits established in Code of Civil Procedure sections 583.310 and 583.360. Plaintiff filed an opposition and supplemental opposition to this motion on October 17, 2022,...
2022.10.24 Motion for Final Approval of Class Action Settlement, for Attorney Fees 194
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.24
Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 24, 2022. The court finds and rules as follows: On July 5, 2022, the settlement administrator, Rust Consulting Inc., received a mailing list of 2,447 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment inf...
2022.10.24 Demurrer, Motion to Strike 919
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.24
Excerpt: ... deemed moot via the Court's ruling on demurrer. The Court notes the August 15, 2022 Notice of Hearing indicates both the demurrer and motion to strike were reset to this date. (1) Facts Plaintiff Kim Martinez, individually and as successor in interest to the Estate of Bonnie Van Tassel, for elder abuse, willful misconduct and wrongful death arising out of her death from COVID‐19 on or about April 14, 2020. Decedent Tassel resided at Defendants...
2022.10.20 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.20
Excerpt: ... is set for April 27, 2023; 8:30 am; D1. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 20, 2022. The court finds and rules as follows: On March 24, 2021, the settlement administrator, Simpluris, received a data file from Defendant's counsel of 651 potential class members from Defendant...
2022.10.18 Special Motion to Strike, for Attorney Fees 070
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...t notes that Cross‐Complainants Bob Denney and Joetta Denney have dismissed the cross‐complaint that is the subject of this special motion to strike. The Court notes that Cross‐Defendants requested fees and provided a supporting declaration within their special motion to strike. The threshold issue, therefore, is whether the dismissal renders the special motion to strike moot and whether attorneys' fees may be awarded to Cross‐Defendants....
2022.10.18 Motion to Compel Deposition 506
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...collision wherein Defendant Clinton, operating Defendant City of Tulare's police vehicle, ran into the front of Plaintiff's vehicle. Defendants noticed Plaintiff's deposition for August 22, 2022 and confirmed it would go forward. However, Plaintiff's counsel indicated they “could not guarantee their client would appear…” While counsel for Defendants and counsel for Plaintiff attended the deposition, Plaintiff failed to appear. After twenty ...
2022.10.18 Motion to be Relieved 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...rney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents as to Plaintiff by mail and electronic mail on Plaintiff and Defendant's counsel. The Court notes an objection to this motion by both Plaintiff herself and Defendant. Plaintiff indicates she is not available for the October 18, 2022 hearing and tha...
2022.10.18 Motion for Relief from Default and Stay 666
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ... was returned June 16, 2022, indicating that Plaintiff was placed in quiet and peaceful possession of the premises on June 15, 2022. On July 25, 2022, Defendant filed an ex parte motion for relief from default judgment. On July 26, 2022, this Court denied the motion. On October 17, 2022, Defendant filed an ex parte motion again for relief from default and to stay the eviction. In support, Defendant states she did not receive the summons and compl...
2022.10.18 Demurrer 942
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...(Complaint ¶ 6.) On September 1, 2022, it appears Plaintiff served a “notice” indicating that Defendant was behind on the rent for a total of four months in the amount of $2,800. The document fails to identify what months for which rent is due, does not provide an opportunity to cure and simply seeks that Defendant vacate the premises. On September 20, 2022, a document entitled “5 Day Notice” indicates “This is your 3 day eviction noti...
2022.10.18 Demurrer 368
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...edure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Risk Management of the Defendant City of Visalia indicates an incident date of “3‐26‐22” and the date of the claim as June 28, 2022. The City brings this demurrer for fa...
2022.10.17 Motion for Leave to Amend Complaint 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.17
Excerpt: ...emental declaration from counsel for Defendant/Cross‐Complainant IDC. It is within the court's discretion to require compliance with Rule 3.1324 before granting leave to amend. (Hataishi v. First American Home Buyers Protection Corp. (2014) 223 Cal.App.4th 1454, 1469.) The Court previously found there was a close relation of the proposed amendments to the activities and transactions stated in the initial Cross‐Complaint, no prejudice to Cross...
2022.10.17 Demurrer, Motion to Strike 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.17
Excerpt: ...against their parents, Billy J. and Lois Newsome, both of whom are now deceased. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; and a deed transferring Billy J. and Lois's residence to the trust, executed by Billy J. individually, and on behalf of Lois as agent under a previously established power of attorney. Robert alleges his parents lacked capacity to execute the ...
2022.10.14 Motion to Vacate Default Judgment 005
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.14
Excerpt: ... service indicating personal service on Defendant Arteaga occurred on September 30, 2022. On October 10, 2022, default judgment was entered and the writ of possession was issued. On October 12, 2022, Defendant file this ex parte motion to vacate the default judgment. Defendant states that service of the summons and complaint lacked forms UD‐105, FW00‐1, FW00‐3 and Defendant therefore needed extra time to get the forms and respond. Additiona...
2022.10.13 Petition to Stay Arbitration Proceedings 101
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...Facts On or about September 09, 2021, HALL agreed to purchase a 2019 Nissan Murano with vehicle identification number 5N1AZ2MJXKN138431 (hereinafter referred to as the “2019 Nissan”) (Decl. of Donald Groppetti ‐ Exhibit A – Retail Installment Sales Contract (“RISC”) as to the 2019 Nissan.) The RISC provides for arbitration as to claims arising from the sale of the vehicle. The RISC also contains the “Seller's Right to Cancel” when...
2022.10.13 Motion to Compel Arbitration 763
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...ring. 1. Facts In a first amended complaint, Plaintiff, on behalf of himself and all others similarly situated, sued Defendants Kuubix Electric, Inc., Kuubix Energy, Inc., Kuubix Global, LLC and Kuubix Energy, LLC. for 1. Violation of B&PC §17200, et seq. 2. Failure to Pay All Wages 3. Meal Period Violations 4. Rest Period Violations 5. Work Expense Reimbursement Violations 6. Waiting Time Penalty 7. Wage Statement Penalty 8. Penalties Under PAG...
2022.10.13 Motion for Leave to File Amended Complaint, to Compel Docs and Testimony 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...osed first amended complaint and Defendant shall have ten (10) days from the service of the first amended complaint to file a responsive pleading. (2) The Court's minute order of September 22, 2022 indicates that the parties reached an agreement as to the discovery issues and may appear remotely as to any remaining issues. Case management conference is continued to December 15, 2022; 8:30 am; D1. (1) Facts This is a personal injury case wherein P...
2022.10.10 Demurrer, Motion to Strike 736
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.10
Excerpt: ...two employees, Rodriguez and Hire, (collectively the “County”) for two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). Plaintiffs were employed by the County as special education teachers. (Complaint ¶¶4, 29.) The County, in accordance...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...
2022.10.06 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ... motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...
2022.10.04 Petition for Compromise of Minor's Claim 491
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ...mones. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child in this case. According to the Petition, on February 21, 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was take...
2022.10.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 325
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... Members, providing an estimated average payout of $241.35 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Gutierrez FLC, Inc. in California who worked at least one shift performing work for Defendant WesPak, Inc. at any time during the period of January 1, 2019 to September 2, 2022.” Plaintiff primarily alleged the following violations: (1) minimum wage violations (2) failure to pay all o...
2022.10.04 Motion for Determination of Good Faith Settlement 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... (2) This complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house (the “Floral Property.”) The minor child is the cousin of Defendant Gina Enriquez and the minor's grandmother is the aunt of Defendant G...

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