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1915 Results

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2019.12.31 Motion for Summary Judgment, Adjudication 442
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.31
Excerpt: ...salia, California 93292. The lease called for monthly payments of $1,200.00. Defendant has not paid this rent since May of 2019. The total arrears to date are $12,400.00. On or about September 24, 2019, plaintiff served by mail and posting a three-day notice to pay rent or quit under CCP §1161 et seq. When defendant did not respond to this three-day notice. plaintiff then filed this present action and served the summons and complaint on defendan...
2019.12.26 Motion to Set Aside Default, Judgment 060
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.12.26
Excerpt: ...is is an action for breach of contract and account stated that arises out of a contract between defendant and plaintiff's assignor Performance Dairy Service. The court's file indicates that plaintiff served defendant Kampen on July 5, 2019, at 6:08 p.m. at his Visalia residence address. However, defendant indicates in his declaration in support of this motion that because on July 5, 2019 he was at the bedside of a dying friend between 2:00 p.m. a...
2019.12.24 Motion for Summary Judgment, Adjudication 295
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.24
Excerpt: ...tive Motion for Summary Adjudication as to all issues submitted; and (2) To Grant Plaintiffs' Motion to Compel Deposition Attendance and Production of Documents of Defendant's Most Knowledgeable and Custodian of Records, to Order Defendant to produce its person most knowledgeable and its custodian of records for deposition at the date, time, and location specified by Plaintiff on not less than five (5) days-notice, and to Order Defendant to pay t...
2019.12.23 Motion for Preliminary Approval of Class Action Settlement 725
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.12.23
Excerpt: ...third motion for preliminary approval of class action settlement. Here, plaintiffs submit a supplemental brief and their counsel's declaration in response to the court's ruling of November 18, 2019, denying their second motion without prejudice. 1. Enhancement Award to Class Representative The court has re-reviewed the May 23, 2019 declarations of representative plaintiffs and now agrees with plaintiffs as to the amount of hours the representativ...
2019.12.19 Motion to Certify Case as Class Action 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.12.19
Excerpt: ...ton and Sam Bruce are overruled. This action is brought by Plaintiffs as representing current and former employees of Defendant working as “setters” or “finishers.” Defendant asserts that 97 of the potential class members have signed claim releases and are no longer part of this action. Defendant asserts a large number of the remaining potential class members did not work prevailing wage jobs or travel to jobsites and thus do not have ove...
2019.12.19 Motion for Summary Adjudication 008
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.12.19
Excerpt: ...ake judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. Thus, the court cannot take judicial notice of the contents of the plaintiff's complaint. Summary judgment is granted when no triable issue exists as to any material f...
2019.12.17 Motion for Settlement Approval of Claims Under PAGA 487
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.17
Excerpt: ...s raised in this ruling. Plaintiff should not submit the entire motion and supporting documents a second time. 1. Sufficiency of Settlement Amount ($240,000.00) Sufficient information has been submitted for the to determine 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.) Plaintiff asserted wage statement violat...
2019.12.17 Demurrer 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.17
Excerpt: ...efendants. Plaintiff's pleading remains inadequate and is insufficient to state any claim. Plaintiff's current pleading fails to provide clarification and factual support for any claims he might have, deficiencies which have been pointed out to Plaintiff by the court in its prior rulings sustaining demurrers (rulings of April 30, 2019 and July 16, 2019). Plaintiff's pleading continues to consist of rambling legal conclusions with no or only parti...
2019.12.16 Demurrer 335
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.12.16
Excerpt: ...for common counts is defective because plaintiff failed to allege whether the underlying contract is written, oral, or implied as required by Civil Procedure section 430.10(g). However, the essential elements of a common count are (1) statement of indebtedness in a certain sum; (2) consideration for the indebtedness; and (3) nonpayment. When these elements are plead in the complaint, the complaint cannot be challenged by general or special demurr...
2019.12.10 Motion for Summary Judgment, Adjudication 680
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.10
Excerpt: ...e in the file indicates notice of the motion was adequate. No response to the motion has been filed within the time specified under CCP 437c(b)(2). In this action Plaintiff seeks to recover amounts claimed due on a credit card account. Defendants answered the Complaint by general denial with affirmative defenses. The evidence submitted by Plaintiff in support of its summary judgment motion is sufficient to establish that Defendants opened a credi...
2019.12.9 Motion for Order for Possession 675
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.12.9
Excerpt: ... Gregory, Donald D. Gregory, Paul C. Richter, III, and Clara O. Richter's (collectively defendants) property (0.45 acres) for a highway improvement project on State Route 137 at State Route 99 in the City of Tulare. The property is leased and improved with a single building that houses a warehouse and offices. In opposition, defendants assert the taking will create a hardship by potentially causing their lessee to terminate the lease as a result ...
2019.12.3 Demurrer 774
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.3
Excerpt: ...d collectively as “DSCC”) Request for Judicial Notice is denied in part as to “Exhibit A” and granted as to “Exhibit B” under Evidence Code §452(d). Defendants' Request for Judicial Notice as to “Exhibit A” is granted only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that app...
2019.12.3 Motion to Consolidate Actions, to Continue Trial Date 776
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.3
Excerpt: ...ses (one which was filed in this county and the other case that has been transferred to this court by order of Superior Court of Los Angeles County). Both cases arise out of the same January 9, 2017 automobile accident on Conyer St. in Visalia, and the named defendants in both these cases are the same. CCP §1048(a) states that “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing of...
2019.12.3 Motion to Require Posting of Bond 859
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.3
Excerpt: ... of a landlord-tenant dispute as to whether leaseholder Pedro Castellano or landlord Jason C. Davis, Sr. is responsible for the cost of repair to return this apartment to the condition that it was in when Mr. Castellano signed this lease. The purpose of this lease was to house players from the COS football team. Mr. Castellano paid to Mr. Davis $1,675.00 as a security deposit. Before these football players moved into Mr. Davis's apartment, Messrs...
2019.12.3 Motion to Vacate Order and for Order Nunc Pro Tunc 481
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.12.3
Excerpt: ...Service Corporation's demurrer to plaintiff's first amended complaint without leave to amend is procedurally and substantively without merit on multiple fronts. California Rule of Court 3.1113(a) provides that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious an...
2019.11.21 Motion for Change of Venue 333
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.21
Excerpt: ...nsfer of this action within 30 days from the notice of this ruling. Defendant Baker & Hostetler LLP's Request for Judicial Notice is granted as to Exhibits “A” and “B” of this defendant's request for judicial notice under Evidence Code §452(c) and §452(d). Plaintiff Tulare Local Health Care District is a public agency located in Tulare County. Defendants Parmod Kumar, MD, Linda Wilbourn, and Richard Torrez are residents of Tulare County...
2019.11.7 Motion to Enforce Settlement Agreement 783
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.7
Excerpt: ...eposit to be in full satisfaction of the obligations of California Republic Bank's under the court's order. The funds will remain on deposit subject to further order of the court and pending a determination of the appeal before the Fifth District Court of Appeals (Case No. F078689). No party is entitled to recover costs or attorneys' fees on this motion. The parties entered into a settlement agreement on the record in this court. Plaintiff subseq...
2019.11.7 Motion for Preliminary Approval of Class Action Settlement 975
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.7
Excerpt: ... not submit the entire motion and initial declarations a second time. The class that is the subject of this case is as follows: “All persons employed by either of the Defendants, Sun Villaidence Opco, LLC or Lindsay Gardensidence Opco, LLC, in California in a non-exempt, hourly-paid employment position at any time during the time period from March 1, 2014 through the date of preliminary approval.” Insufficient information has been submitted a...
2019.11.5 Motion to Strike 461
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ...e signs on the east side of northbound Highway 65 to advise drivers of a crosswalk in the area where the accident happened. These signs also had attached lights that flashed when someone presses the button to indicate that someone is trying to cross the roadway within the crosswalk. On Highway 65 north of Sequoia Avenue there were signs posted to control southbound traffic at a 35 mph speed limit, a sign to indicate a crosswalk is ahead, and an a...
2019.11.5 Motion for Entry of Judgment 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ...ement agreement that provided that judgment in the sum of $27,844.44 would not be entered against defendant Seth Schulz so long as he paid to plaintiff Ford Motor Credit Company the minimum monthly sum of $300.00 from September 20, 2017 through August 20, 2019, followed by the minimum monthly sum of $400.00 from September 20, 2019 forward until the balance due of $27,844.44, plus interest at 5.9% was paid in full. This settlement agreement also p...
2019.11.5 Motion for Costs 771
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ...ot.” (italics added) Costs recoverable under §1032 are restricted to those that are both reasonable in amount and reasonably necessary to the conduct of the litigation [(CCP1033.5(c)(2) and (c)(3)] Costs “merely convenient to its preparation” are disallowed. See CCP §1033.5(c)(2); Ladas v. California State Auto. Association (1993)19 Cal.App.4th 761,774 This is an action for injunctive relief where defendant Christopher Renfro was the prev...
2019.11.5 Demurrer 794
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ... barred for failure to comply with tort claim presentation requirements and are time barred. Plaintiff's preliminary factual allegations are unchanged. Plaintiff asserts she was subject to sexual abuse while in high school and thereafter, from 1999 through 2003. Plaintiff asserts the last abuse occurred in 2003. Plaintiff further asserts the perpetrator used threats to intimidate Plaintiff from reporting the abuse. As in the First Amended Complai...
2019.11.4 Motion for Summary Judgment, Adjudication 467
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.11.4
Excerpt: ...esponse to the motion has been filed. Defendant Kaweah Delta Health Care District's (Kaweah) request for judicial notice is granted. Plaintiff Alma Tapia's complaint for malpractice and wrongful death alleges Kaweah acted negligently by failing to properly diagnose plaintiff's daughter with medical conditions, including an embolism, that caused her death. On summary judgment and adjudication, Kaweah contends plaintiff's complaint is barred becaus...
2019.3.14 Motion for Leave to Intervene 790
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.14
Excerpt: ...cted by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 915 Propose...
2019.3.13 Demurrer 725
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.3.13
Excerpt: ...iling their action. Plaintiffs acknowledge their First Amended Complaint does not and cannot yet assert compliance with the tort claim requirements. In their opposition, Plaintiffs state they are in the process of complying with the statute. Leave to amend is to be liberally allowed. As Plaintiffs may be able to state new facts sufficient to cure the pleading deficiencies, leave to further amend is granted. If no one requests oral argument, under...
2019.3.13 Demurrer 632
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.3.13
Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...
2019.3.13 Demurrer, Motion to Strike 008
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.3.13
Excerpt: ...4) days of this order. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on ...
2019.3.12 Petition for Relief from Provisions of Government Code 945.4
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ... County employee operating an automobile owned by Tulare County. As such, Ms. Gomez's government claim for damages had to be filed with Tulare County no later than six months forward, or August 7, 2018. But neither Ms. Gomez or the attorneys she retained (the Maison Law Group) timely submitted a government tort claim to Tulare County. The insurance carrier for Ms. Gomez (Infinity Insurance) filed a claim with Tulare County for property damage on ...
2019.3.12 Motion to Compel Responses, Requests for Admission to be Deemed Admitted, for Monetary Sanctions 639
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...ed responses without objection to plaintiff's first inspection demand within twenty days from the notice of this ruling; (2) Plaintiff's motion for requests for admissions be deemed admitted is granted. The facts and allegations identified in plaintiff's request for admissions 1-28, Set One to defendants Mary D. Jones and Brenda Holley shall be deemed admitted. (3) Plaintiff's motion to compel responses from defendants Mary D. Jones and Brenda Ho...
2019.3.12 Motion to be Relieved as Counsel 503
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...e service of the moving papers for this motion on the plaintiff. The Court has not received any response to this motion. The supporting declaration of attorney Arelia O. Keller indicates that the plaintiff Timothy Eggleston has refused to cooperate with his counsel in the prosecution of his case, and has failed to respond from repeated inquiries Ms. Keller's office to contact them to assist them in the management of their case. But Ms. Keller's d...
2019.3.12 Demurrer, Motion to Strike 756
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...plaint Tentative Rulings: (1) To Overrule the Demurrer by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc., and Troy Sibel to Plaintiff's Second Amended Complaint as to all causes of action and (2) To Deny the Motion by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc. and Troy Sibel to Strike Portions of Plaintiff's Second Amended Complaint. Defendants shall file thei...
2019.3.12 Demurrer 074
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...tial lease. Fortune filed its complaint in this action on February 27, 2018 after serving Mr. Garcia with a 60-day notice to quit on December 11, 2018. Plaintiff's complaint does not identify any past rent due from Mr. Sabian. Plaintiff only seeks monetary damages in the amount of $36.66 per day for the fair rental value of the property. Mr. Sabian's demurrer is based on his contention that plaintiff inaccurately served him with the notice to qui...
2019.3.1 Application for TRO 912
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.1
Excerpt: ...tion that the vehicle was towed at the request of the Visalia Police Department and that the tow was improper. The court notes that a summons was recently issued in this action on January 31, 2019 and no party defendants have appeared. It does not appear that R&R Towing is a party to this action. Plaintiff's application is procedurally deficient. Plaintiff has failed to adequately describe the vehicle in which he claims an interest. No license nu...
2019.3.1 Demurrer 316
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.1
Excerpt: ... paid Defendant $3,400,000.00 prior to any crop sales. Plaintiff asserts sales were less than the amount paid to Defendant and asserts Defendant is required to repay Plaintiff the sum of $499,631.37. Plaintiff's complaint is for breach of contract and related common counts. Defendant demurs asserting any written agreement contains no obligation for Defendant to pay any amount to Plaintiff and asserts to the extent there is any separate oral agree...
2019.2.26 Motion for Preliminary Approval of Class Action Settlement 628
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.26
Excerpt: ...alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 575 current and former employees of Defendants. The gross settlement amount is $750,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $450,000.00 Plaintiff has not submitted sufficient information for this court to mak...
2019.2.26 Motion to be Relieved as Counsel 288
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.26
Excerpt: ... attorney fees. Plaintiff Eden Produce Co., Inc. shall pay the sum of $24,339.32 in attorney fees and costs within 30 days from notice of this ruling. Both motions were properly and timely noticed. There has been no response to either motion. Motion to be Relieved as Counsel ‐Civil The Court finds that moving party attorney Leonard C. Herr and Herr, Pedersen, & Berglund LLP have complied with the provisions of California Rule of Court 3.1362 an...
2019.2.26 Motion to Strike Improper Prayer for Punitive Damages 785
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.26
Excerpt: ...ute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies Defendant's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. OPERATIVE FA...
2019.2.26 OSC Re Contempt and to Compel Compliance with Court Orders 059
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.26
Excerpt: ...this hearing and file a proof of service with the court. Jose Rivera is a plaintiff who claims injuries arising out of a motor vehicle accident. Mr. Rivera noticed the deposition of defendant/cross-defendant Lupe Rodriguez dba LGP AG SERVICES that is at issue in this motion. On November 7, 2018, this court ordered Ms. Rodriguez to appear at a deposition within 20 days and pay monetary sanctions. Ms. Rodriguez did neither. Then on December 3, 2018...
2019.2.25 Demurrer, Motion to Strike 787
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.2.25
Excerpt: ...ns of the Third Amended Complaint (Erroneously Entitled “Second” Amended Complaint); (5) Defendant Jose Romo's Demurrer to the Revised Third Amended Complaint; and (6) Defendant Jose Romo's Motion to Strike Portions of the Revised Third Amended Complaint Tentative Rulings: (1) To sustain Defendants Allstate Insurance Company and Joe Mabee's Demurrer to Third Amended Complaint without leave to amend; (2) to grant Defendants Allstate Insurance ...
2019.2.19 Demurrer 232
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.19
Excerpt: ...resolution of the litigation in the Kern County Superior Court action Dave Meza v. Pacific Bell Telephone Co., Case Number BCV-15101572. Defendant shall file its answer to the Corrected First Amended Complaint within ten (10) days of this order. Defendant asserts Plaintiff's action is barred due to a prior certified class action pending in Kern County Superior Court against Defendant in which Plaintiff is a class member and which asserts the same...
2019.2.19 Demurrer 130
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.19
Excerpt: ...ay his overdue property taxes by giving various documents to the Tulare County Tax Assessor. Plaintiff identifies these documents in his complaint as “the discharging instrument packet.” But plaintiff's amended complaint does not state that the documents in this packet included cash on any of the other statutorily acceptable procedures required to pay his property taxes. Mr. Ramsey also asserts in his complaint that the defendants were requir...
2019.2.19 Motion to Set Aside Entry of Default 531
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.19
Excerpt: ...zalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and scope of employment with defendant Ramco Enterprises, LP. Defendant Carrillo states in his declaration that the plaintiff's summons and complaint for this action was first accidently served on his father Jose Maria Carrillo and subseque...
2019.2.19 Motion to Compel Arbitration 501
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.19
Excerpt: ... the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court has considered the response in this matter despite moving party's contention it was untimely. Defendant had adequate time to review the re...
2019.2.19 Motion for Summary Judgment 278
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.19
Excerpt: ...though Plaintiff asserts a number of the submitted facts are disputed, Plaintiff submits no evidence or case authority to support her assertions. As a result, the majority of Defendant's submitted facts are undisputed. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment b...
2019.2.19 Demurrer 664
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.2.19
Excerpt: ...3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4 th Ed. 1997) Pleading sec...
2019.2.11 Motion for Summary Judgment, Adjudication 415
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.2.11
Excerpt: ...or Summary Adjudication, in part Defendants Domingo Sustaita, Villa Park Trucking, Inc., and Young's Commercial Transfer, Inc. (collectively defendants) seek summary judgment of decedent Bonifaco Magana's heirs' (collectively plaintiffs) complaint on grounds that Sustaita allegedly did not breach a duty of care to decedent or plaintiffs. Alternatively, defendants request summary adjudication of plaintiffs' claims for negligent entrustment, hiring...
2019.2.7 Motion for Summary Judgment, Adjudication 460
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.2.7
Excerpt: ...Institute, Inc. for Summary Judgment as to all causes of action asserted against moving Defendants; and (2) To Grant the Motion by Defendant Sequoia Surgery Center, LLC for Summary Judgment as to all causes of action asserted against moving Defendant. The Request for Judicial Notice by the Frank Feng, D.O. Defendants is granted. Plaintiffs' objections to the declaration of Timothy Watson, M.D. are overruled. Plaintiffs' objections to the declarat...
2019.2.7 Motion for Summary Adjudication, for Protective Order 847
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.2.7
Excerpt: ... Alternative, Limiting the Depositions of Current and Former Out-of- State Employees. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable to resolve, the parties are directed to personally appear at the hearing for this discovery motion. No Court Call will be permitted for the hearing on his motion except to advise the court that this discovery dispute has been resolved. PLAINTIFF'S ...
2019.2.4 Demurrer 989
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.2.4
Excerpt: ...surance Company, and Applied Risk Services, Inc.'s Demurrer to Plaintiff's Complaint with leave to amend as to the first cause of action for fraudulent inducement and without leave to amend as to the second cause of action for tortious breach of the implied covenant of good faith and fair dealing. Plaintiff Picar Farm Labor, Inc.'s complaint alleges defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., ...
2019.2.4 Motion for Leave to File Amended Answer 339
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.2.4
Excerpt: ...ed. Defendants seek to amend their answer to add an affirmative defense of offset for amounts they claim are due and owing for legal services provided to plaintiffs Michael P. Owens and Melanie D. Owens (collectively plaintiffs.) Plaintiffs claim the amendment should be denied as untimely and prejudicial. Courts are bound to apply a policy of great liberality in permitting amendments to pleadings “at any time stage of the proceedings up to and ...

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