Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1894 Results

Location: Tulare x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 250))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 1625,25
Array
(
)
2019.6.24 Demurrer 839
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.6.24
Excerpt: ... for fraud fails to state sufficient facts to support a cause of action against Banuelos individually. The court previously determined on demurrer plaintiff was barred by res judicata from suing Banuelos's principal, defendant DVP L.P., a limited partnership, in this action. In opposition to demurrer, plaintiff argues the allegations of the complaint are sufficient to show fraud. While that may be true as to DVP L.P., there is nothing to support ...
2019.6.17 Motion for Preliminary Approval of Class Settlement 725
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.6.17
Excerpt: ...he basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. Plaintiffs represent the gross settlement amount of $1,300,00.00 is fair and reasonable for plaintiffs' class of 267 members. But, there is no estimate of the total value of their asserted wage and hour claims and the basis for the estimate. Plaintiffs' counsel's declaration describing a broad summary of his work ...
2019.6.13 Motion for Summary Judgment, Adjudication 516
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.6.13
Excerpt: ...he alternative motion as to the issue of vicarious liability under the doctrine of respondeat superior. In this action, Plaintiff seeks recovery for Workers' Compensation benefits paid to its insureds as a result of a motor vehicle accident which occurred on July 1, 2016. Plaintiff asserts Defendant Brian Adney was the driver of the vehicle which collided with Plaintiff's insureds. Defendant, Valley Ag Resources, LLC in the subject motion asserts...
2019.6.13 Motion for Judgment on the Pleadings 634
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.6.13
Excerpt: ... to the plaintiff's complaint. The Court has not received any response to this motion. Plaintiff Crown Asset Management, LLC brings this action to recover on a delinquent credit card obligation owed to it by defendant Kelli D. Cather in the principal sum of $1,623.56 Plaintiff's complaint pleads causes of action for the common counts of account stated, open book account, and money lent. Defendant Cather's answer to Crown Asset Management, LLC's c...
2019.6.11 Motion for Judgment on the Pleadings 856
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.6.11
Excerpt: ... Complaint filed in this action, the answer filed in this action, a grant deed recorded August 7, 2017, and an Affidavit-Death of Joint Tenant recorded February 21, 2019. The documents are noticed only as to the existence of the documents and not for the truth of any matter asserted in the documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. The request as to a litigation guarantee dated March 19, 2019 is deni...
2019.6.10 Demurrer 839
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.6.10
Excerpt: ...s not state a valid cause of action because plaintiff failed to obtain an order permitting a claim for conspiracy against defendant as required by Civil Code section 1714.10. In opposition, plaintiff argues the order is not required because a cause of action for conspiracy is not alleged, the elements of conspiracy are not set forth in the pleadings, and plaintiff does not seek damages for conspiracy. In Cortese v. Sherwood (2018) 26 Cal.App.5th ...
2019.6.10 Demurrer 591
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.6.10
Excerpt: ...t is time-barred under the three-year limitations period for claims based on mistake pursuant to Code of Civil Procedure section 338. In particular, defendant contends plaintiffs' complaint filed on February 28, 2019, was not timely because plaintiffs were given notice of defendant's claim against them when they served with defendant's unlawful detainer action on February 27, 2016. In opposition, plaintiffs contend the limitations period began in...
2019.5.30 Motion for Relief from Dismissal 698
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.30
Excerpt: ...s Compromise as to minor plaintiff Steven Zwiderweg had been approved. Plaintiffs now seek to vacate this dismissal. Defendant has filed a “non-opposition” to Plaintiffs motion. CCP §473(b) states in relevant part that: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's s...
2019.5.30 Motion for Determination of Good Faith Settlement 104
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.30
Excerpt: ...ction defect action where the plaintiffs have agreed to accept the sum of $4,000.00 from cross-defendant M&B Carpentry in exchange for a release of all claims arising out of M&B Carpentry's work on the properties at issue in this action. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the settling to...
2019.5.30 Motion for Emergency Protective Order for Injunctive Relief 060
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.30
Excerpt: ...t seq. Plaintiff's moving papers were filed on April 16, 2019. Plaintiff has not filed a proof of service to show Defendant R&R Towing has been served with the motion. Because the Defendant has not appeared, personal service is required. (CRC 3.1150.) Additionally, Plaintiff has not sought or obtained an order to show cause which is required where the Defendant has not yet appeared. Although not properly captioned and although confusingly written...
2019.5.30 Motion for Preliminary Approval of Class Action Settlement 439
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.30
Excerpt: ...ny time from February 15, 2009 to January 11, 2019. Plaintiffs submit the following settlement terms for preliminary approval as per Kullar v. Footlocker Retail (2008) 168 Cal.App.4th 116, 129: The proposed gross settlement amount (GSA) is $550,000.00. From this $550,000 the proposed deductions are: (1) a maximum of attorney fees of $183,333.33, (3) a maximum of $35,000.00 in litigation costs; (3) Enhancement payments of $5,000.00 each to the two...
2019.5.30 Motion for Relief from Waiver Re Belated Objections 008
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.30
Excerpt: ... to the discovery requests were waived. (CCP 2030.290(a) and CCP 2031.300(a).) Plaintiffs provided untimely responses, each of which contain boilerplate objections. By this motion, Plaintiffs seek relief from the objection waiver. Defendant asserts discovery was propounded in February and responses were due by March 18, 2019. Plaintiffs assert they are in “substantial compliance” with the requirements of the discovery act because responses we...
2019.5.30 Motion to be Relieved as Counsel 281
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.30
Excerpt: ...�� Civil – at her address as stated in the moving papers for this matter. This order shall be deemed effective when a proof of service on plaintiff Elyssa Seth has been filed with the court. The court finds that moving parties Ricardo Y. Merluza and Antony A. Thomassian of Merluza Law have complied with the provisions of California Rule of Court 3.1362 The supporting declaration of attorney Ricardo Y. Merzula states that there has been an irrev...
2019.5.28 Motion to Strike Portions of Unverified Complaint 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ...cident that occurred on August 4, 2018 at 1:19 a.m. While intoxicated, defendant Billy Ray Campos crashed his 2002 Ford Mustang into a fence on plaintiff Megan Howard's property, causing damage to this fence, concrete pillars, a custom gate, and trees on her property The allegations identified in Ms. Howard's First Amended Complaint (FAC) state that this accident was preceded by an altercation between Mr. Campos and his girlfriend, that Mr. Campo...
2019.5.28 Motion to Deem Admitted Requests for Admission 646
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ...riguez shall provide full and complete verified responses without objection to plaintiff's form interrogatories, set one within 20 days from the notice of this ruling. (2) To grant plaintiff's motion to deem admitted plaintiff's requests for admissions, set one, to defendant Robert Rodriguez. Items 1-8 of plaintiff's first set of requests for admissions to defendant Robert Rodriguez shall be deemed admitted, and Exhibit “A” attached to plaint...
2019.5.28 Motion for Summary Judgment, Adjudication 799
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ...at arises out of defendant Thuyyy Pham's default on a loan that he obtained from plaintiff Discover Bank. Discover Bank's complaint pleads causes of action for open book account, account stated, money paid, money lent, and for a loan that Discover Bank issued to Thuyyy Pham that required periodic payments. AUTHORITY AND ANALYSIS A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact ...
2019.5.28 Motion for New Trial
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ...ound of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” This court cannot reach the conclusion that the jury should have reached a different verdict. In this ...
2019.5.28 Motion for Judgment on the Pleadings 271
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ... judgment on the pleadings at the address identified in her answer to the plaintiff LVNV Funding LLC's complaint. The Court has not received any response to this motion. Plaintiff LVNV Funding LLC brings this action to recover on a delinquent credit card obligation owed to its assignor Credit One Bank by defendant Sonterrena Patterson in the principal sum of $1,295.15. Plaintiff's complaint pleads causes of action for the common counts of account...
2019.5.28 Demurrer, Motion to Strike 492
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ... all other respects; sustained as to the Second Cause of Action in its entirety, without leave to amend; sustained as to the Sixth Cause of Action in its entirety, without leave to amend as to Plaintiff Jacqueline Lupercio and with leave to amend as to Plaintiff Susana Magana; sustained as to the Eighth Cause of Action in its entirety, without leave to amend; is overruled as to all other Causes of Action. (2) Defendant's Motion to Strike is moot ...
2019.5.28 Demurrer 562
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.28
Excerpt: ... Ruiz's complaint that is at issue in this demurrer is her fourth cause of action for sexual battery in violation of Civil Code §1708.5. Jennifer Ruiz was employed by defendant United Staffing Associates as a service worker. She alleges that United assigned her to work alone with defendant Christopher Castro on September 27, 2018. Ms. Ruiz states that Castro make unwarranted and unsolicited remarks to her that he had not had sex in over a year. ...
2019.5.23 Motion for Trial Preference 144
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ... Abuse under Welfare and Institutions Code §15610 et seq. and Trespass. Ms. Norton now moves the court for trial preference under CCP §36 because she claims to be 72 years old and the defendant is in his 80's. CCP §36(a) provides that “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial int...
2019.5.23 Motion for Good Faith Settlement 790
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ...ndants Wathen Castanos Hybrid Homes, Inc., Skyview Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. In exchange for this $2,500.00 payment, these defendants agree to release any and all claims against Granite Hills in this action and to defend and indemnify Granite Hills against any direct claims that the plaintiffs assert against Granite Hills. CCP § 877.6 affords the cour...
2019.5.23 Motion for Determination of Good Faith Settlement 784
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ...n. This is a construction defect action where the plaintiffs have agreed to accept the sum of $10,384.62 from cross-defendant Fresno Precision Plastics, Inc., in exchange for a release of all claims arising out of Fresno Precision Plastics, Inc.'s work on the properties at issue in this action. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by Fresno Precision Plastics, Inc. on the propert...
2019.5.7 Demurrer 130
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.7
Excerpt: ...aint (SAC) appears to allege that he properly paid his property taxes by delivering various documents to Tulare County that plaintiff labels the “discharging instrument” packet. This packet of documents did not include any payment in cash or any of the other statutorily accepted ways to pay property taxes. Plaintiff's property was designated for auction, but before the property could be sold the plaintiff paid the delinquent $14,264.46 balanc...
2019.5.7 Demurrer 191
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.7
Excerpt: ...endant Tulare County Resource Management Agency as to all causes of action, without leave to amend. Plaintiff's Request for Judicial Notice is Granted. Defendants' Request for Judicial Notice is Granted. This action involves a dispute over three separate public works contracts between Plaintiff and Defendant County of Tulare. Plaintiff asserts it is due at least $637,512.99 under the contracts plus interest, costs, attorneys' fees and penalties. ...

1894 Results

Per page

Pages