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

805 Results

Location: Tulare x
2021.10.22 Request for Dismissal of Equitable Tolling Defense 109
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.10.22
Excerpt: ...ppealed to the Occupational Safety and Health Appeals Board (Board). The matter was heard before an administrative law judge (ALJ) who upheld the citation but reduced an associated penalty. The Board ordered reconsideration of the penalty reduction. Ventura also petitioned for reconsideration, asserting that the evidence did not justify the findings of fact, and the findings of fact did not support the decision. On September 22, 2017, the Board i...
2021.10.21 Motion to Bifurcate 128
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...
2021.10.21 Motion to be Relieved as Counsel 097
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: ...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. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...
2021.10.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 of this court. 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. Fo...
2021.10.21 Motions for Summary Judgment 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...
2021.10.19 Motion for Bifurcation of Trial, Request for Bench Trial 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.10.19
Excerpt: ... on disputed facts or credibility determinations, however, a jury is to determine the disputed facts before the court determines whether the facts confer standing as a matter of law. (People v. Superior Court (Plascencia) (2002) 103 Cal.App.4th 409, 424.) Defendants state, in the introductory section of their points and authorities, that Mr. Gonzalez's only relation to the action is that he is an employee of Magnolia Park and the husband of plain...
2021.10.18 Petition for Writ of Mandate 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.10.18
Excerpt: ...ncy, and, at least initially, the validity and issuance of prior land use approvals preceding the Building Permits, including issuance to Real Parties in Interest ARO Pistachios, Inc. and Touchstone Pistachio, Co. (Touchstone) of a Special Use Permit and Minor Modifications expanding the scope of the permit issued subsequently thereafter. Wonderful did not timely raise challenges to the Special Use Permit or Minor Modifications, but, however, has...
2021.10.18 Motion to Permit Discovery of Profits and Financial Condition 473
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.10.18
Excerpt: ...ing discovery of defendant's profits and financial condition, and (2) to grant plaintiff's motion for a hearing on objections to defendant/cross‐complainant's proposed judgment on cross‐complaint. Plaintiff's motion for order permitting discovery of defendant's profits and financial condition Subdivision (c) of section 9295 of the Civil Code prohibits pretrial discovery of the profits and financial condition of a defendant unless the court en...
2021.10.18 Motion to Continue Trial 481
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.10.18
Excerpt: ...e parties stipulated, on June 9, 2021, to continue the prior August 2, 2021 trial date for 90 days after having scheduled mediation for July 7, 2021. Less than a week following stipulation, and before the parties' scheduled mediation, plaintiff added three new defendants by “Doe” amendment. The parties, including plaintiff, represented in the stipulation that “in order to pursue mediation and to defer costly discovery until after the mediat...
2021.10.18 Motion to Compel Authorizations for Release of Mental Health Records 903
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.10.18
Excerpt: ...that they experience physical and mental conditions related to a traumatic brain injury. Defendants ask this court to compel plaintiffs to execute blank authorizations to compel mental health records where the deponents are unknown and no attempt has been made to subpoena these records from these health care providers. Simply put, defendants' motion is premature. Defendants must first conduct further discovery to identify the mental health care p...
2021.10.14 Motion to Set Aside Summary Judgment, Reinstate and Extend Bail Bond 534
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2021.10.14
Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....
2021.10.14 Motion for Summary Judgment 288
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2021.10.14
Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...
2021.10.12 Motion for Summary Judgment 288
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2021.10.12
Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...
2021.10.12 Motion for Entry of Judgment Based on Written Settlement Agreement 454
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.10.12
Excerpt: ...ode §1717 to plaintiff in the amount of $1,650.00 no later than thirty days from the date of this ruling. This is an action for damages and injunctive relief that plaintiff Jaime Gonzales filed against his homeowner's association (Maple Place Community Association) to enforce the CCRs and the statutory obligations applicable to the homeowners' association. Plaintiff brought this action to obtain from the Association financial reports prior to 20...
2021.10.12 Motion to Strike, Demurrer 297
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.10.12
Excerpt: ...ntiff's complaint D.R. Horton CA3, Inc.'s Motion to Strike Portions of Second Amended Complaint is denied. Defendant D.R. Horton's Request for Judicial Notice is granted as to the court's July 13, 2021 ruling under Evidence Code §452(c) and the date of filing of plaintiff's original, first and second amended complaints but denied as to the contents of these complaints as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremo...
2021.10.12 Motion for Summary Judgment, Adjudication 144
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.10.12
Excerpt: ...s located in a fenced lot on the property, and that the truck was located on the property when the fire occurred and was damaged due to the fire. Plaintiff contends her mobile food truck was located on the property pursuant to an oral lease with defendant. Defendant denies the existence of any lease, as well as any knowledge that plaintiff had her food truck located on the property prior to the fire. Plaintiff alleges that she had multiple direct...
2021.10.12 Motion to Deem RFAs Admitted, to Compel Responses 168
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2021.10.12
Excerpt: ...he stipulation to be filed and reviewed by the court. What appears below is the original September 28 ruling. Tentative Rulings: (1) Defendants Ellen Reimi and Dana Bounds motions to compel responses to defendants' first sets of form interrogatories, special interrogatories, and request for production are granted. Plaintiff David A. Sanchez shall provide full and complete verified answers to these discovery requests without objection no later tha...
2021.10.12 Motion to Set Aside Summary Judgment, Reinstate and Extend Bail Bond 534
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2021.10.12
Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....
2021.10.08 Motion for Summary Judgment, Adjudication 959
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.08
Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...
2021.10.07 Motion to Compel Verified Responses, to Deem Admitted Truth of Facts, for Monetary Sanctions 632
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...
2021.10.07 Motion for Preliminary Approval of Class Action Settlement 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient 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 ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...
2021.10.07 Motion for Preliminary Approval of Class Action Settlement 224
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. 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. The identity of this class is “All non‐exe...
2021.10.07 Motion for Preliminary Approval of Class Action Settlement 085
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient 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. (200...
2021.10.07 Demurrer, Motion to Strike 743
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...
2021.09.30 Motion to Set Aside Judgment 544
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.09.30
Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...

805 Results

Per page

Pages