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490 Results

Location: Tulare x
2020.09.21 Motion to Compel Deposition, for Monetary Sanctions 028
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.09.21
Excerpt: ...wenty days from the notice of this ruling. No monetary sanctions shall be imposed against plaintiff and her counsel because the circumstances that resulted in this motion render the imposition of sanctions unjust. This action arises out of a claim of alleged sexual abuse perpetrated on plaintiff by defendant Bryan Ferriera. The City of Visalia is a defendant in this action because it was the employer of Mr. Ferriera at the time of the sexual abus...
2020.09.21 Motion to Compel Arbitration and Stay Proceedings 431
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.09.21
Excerpt: ... purchased from defendant dealer Jim Manning Dodge. Defendants assert the Retail Installment Sales Contract (RISC) executed by Plaintiffs at the time of vehicle purchase contains an enforceable arbitration provision. Defendants assert the provision is applicable to both the dealer and to Defendant FCA US, LLC, the vehicle manufacturer. Plaintiffs have now dismissed the dealer as a party defendant. Plaintiffs assert the arbitration provision appli...
2020.09.21 Motion to Amend Judgment to Include Additional Judgment Debtor 551
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.09.21
Excerpt: ...a subsequent judgment debtor examination that there was a separate entity named DND Learning, Inc. that debtor Dyer uses to control his assets and keep them from creditors. Plaintiff now seeks to add DND as a defendant-debtor to this action. CCP §187 authorizes a trial court to amend a judgment to add judgment debtors. See Misik v. D'Arco (2011) 197 Cal.App.4 th 1065, 1072. To amend a judgment to add a new defendant-debtor, the plaintiff must co...
2020.09.21 Motion for Summary Judgment 901
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.09.21
Excerpt: ...any response to this MSJ. This MSJ arises out of defendant Juan Velasco's default on a credit card obligation to plaintiff Wells Fargo Bank. Wells Fargo's complaint pleads breach of contract and the common counts of open book account, account stated, money paid money lent to Mr. Velasco by way of purchases and cash advances. A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact to m...
2020.09.21 Motion for Judgment on the Pleadings 823
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.09.21
Excerpt: ...the form of order and the form of judgment lodged by Plaintiff. Proof of service in the file is sufficient to show notice of the motion was adequate. No response to the motion has been filed. On January 14, 2020, Plaintiff filed notice of its motion to deem matters admitted. Defendant failed to respond to the motion. On March 16, 2020, the court entered an order deeming admitted all requests contained in Plaintiff's Request for Admissions, Set On...
2020.09.17 Motion to Bifurcate 522
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.09.17
Excerpt: ...ubject to the conditions stated below. Plaintiff seeks to recover damages for severe injuries suffered in an automobile accident. Defendants/Cross-Complainants move to bifurcate the issue of course and scope of employment from other issues including apportionment of fault, and damages at trial. California courts have approved bifurcation of the course and scope issue. (Wank v. Richman & Garrett (1985) 165 Cal.App.3d 1103.) Whether the driver of t...
2020.09.17 Demurrer, Special Motion to Strike 532
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.09.17
Excerpt: ... for inverse condemnation; continue the hearing on the Special Motion to Strike as to Plaintiffs' malicious prosecution, abuse of process, and violation of civil rights claims to November 19, 2020. Plaintiffs shall file further opposition (limited to the continued issues) by October 8, 2020. Defendant shall file a further reply by November 5, 2020. Plaintiffs' Complaint was filed on March 23, 2020 asserting causes of action for: 1) Malicious Pros...
2020.09.17 Demurrer, Motion to Strike 898
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.09.17
Excerpt: ...thin ten (10) days of this order. (1) Defendants demur to Plaintiffs' breach of contract cause of action. Defendants' demurrer to Plaintiffs' prior pleading as to this cause of action was sustained with leave to amend. Defendants assert Plaintiffs have failed to cure the pleading deficiencies. 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 (...
2020.09.15 Motion for Summary Judgment, Adjudication 639
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.09.15
Excerpt: ...r summary adjudication as to Defendant Brenda Holly. Plaintiff's motion was filed on June 3, 2020. An opposition to the motion was filed on September 1, 2020. This action involves a family dispute over title to real property commonly known as 304 East Beacon Street, Tulare, California. The property was owned by decedent Emalyne Comfort Franks. Decedent died on March 12, 2018. Plaintiff alleges he is decedent's stepson. Defendant Brenda Holly is d...
2020.09.15 Demurrer 572
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.09.15
Excerpt: ...t. All of Plaintiff's claims relate to amounts claimed due and owing to Plaintiff for providing ag management services to Defendants. Defendants demur to all 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. An exception, however, is that the general rule is limited to those material facts prope...
2020.09.14 Demurrer, Motion to Strike 534
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.09.14
Excerpt: ...Burton P. Olson. Cross-Defendants shall file their answer to the Cross-Complaint within ten (10) days of this order. As to both the demurrer and the motion to strike: By his Cross-Complaint, Plaintiff and Cross-Complainant Burton P. Olson asserts five causes of action: conversion, waste, unjust enrichment, breach of fiduciary duty, and for accounting. Cross- Defendants demur to all causes of action and move to strike portions of the Cross-Complai...
2020.09.08 Motion for Summary Judgment, Adjudication 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.09.08
Excerpt: ...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 bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existenc...
2020.08.27 Motion to Compel Further Responses 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.08.27
Excerpt: ...laintiffs shall provide a full and complete verified response without objections as indicated below within 30 days from the date of the notice of this ruling The Court further orders under CCP §2023.010; §2023.030(a) and §2030.290(c) that plaintiffs shall pay monetary sanctions to defendants' counsel in the amount of $7000.00 within thirty days from the hearing date of this discovery motion. Interrogatory 12.2 calls for the name, contact infor...
2020.08.27 Motion for Preliminary Approval of Class Action Settlement 188
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.08.27
Excerpt: ...The court advised Plaintiff's counsel of deficiencies in Plaintiff's motion and continued the hearing to allow Plaintiff an opportunity to submit supplemental declarations to address the problems outlined by the court. Plaintiff filed supplemental declarations on August 17, 2020. The court preliminarily approved the gross settlement amount of $300,000.00. Distribution provisions of the settlement have been revised such that class members will rec...
2020.08.25 Motion to Enforce Settlement 811
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.08.25
Excerpt: ...mount due and owing to Hartford (as indicated in the allegations in the plaintiff's complaint) is $5,197.06 plus accrued interest. On or about July 18, 2019, defendant Soria agreed to settle this case for the payment of $5,422.06 to Hartford in monthly installments of $150.00 on the 3rd day of each month (beginning August 3, 2019) until this $5,422.06 was paid in full. The terms of this settlement were memorialized in a “Stipulation for Entry o...
2020.08.25 Demurrer 268
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.08.25
Excerpt: ...) case brought by Defendant in the federal court. By order of the federal district court issued on February 5, 2019, Plaintiff was found responsible for 50% of future cleanup costs. The order remains in full force and effect. Plaintiff's Complaint here was filed on November 25, 2019. Defendant removed this case to the federal district court on December 30, 2019. On May 19, 2020, the federal district court issued its order (by the same judge who i...
2020.08.20 Motion to Set Aside Dismissal 130
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2020.08.20
Excerpt: ...application for a fee waiver because her counsel Barry Fischer agreed to pay the necessary filing fees. Because of the outbreak of the COVID-19 pandemic in late March, 2020, the City of Beverly Hills ordered all non-essential business (including the Law Office of Barry Fischer) closed. Mr. Fischer was replaced as plaintiff's attorney of record by attorney Behrouz Shafie, on or about April 14, 2020. Attorney Shafie filed the formal Substitution of...
2020.08.20 Motion to Compel Responses or to Deem Matters Admitted, for Leave to File Amended Complaint 363
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.08.20
Excerpt: ...tions to resolve the issues raised in these discovery motions. At the hearing for this motion, the court will inquire as to the efforts undertaken by the parties to meet and confer since this tentative ruling was published before a final ruling will be issued. If unable to resolve, the court recommends and encourages that the parties appear by CourtCall or other telephonic means so as to minimize their contact with the court, its staff, and oppos...
2020.08.20 Motion for Summary Judgment, Adjudication, to Compel Discovery, for Sanctions 200
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.08.20
Excerpt: ...ctions. Plaintiff's action is to recover amounts allegedly overpaid to Defendant for leave benefits between January 2016 through June 2017. Overpayments were allegedly made due to an error by Plaintiff's employees which was not discovered for 18 months. Plaintiff asserts the overpayments over the period of 18 months total $49,332.46. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled ...
2020.08.20 Motion for Summary Adjudication 006
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.08.20
Excerpt: ...ability 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 on August 7, 2020. Defendant's reply was filed on August 14, 2020. It appears Plaintiff's inspection of the subject elevato...
2020.08.20 Motion for Attorney's Fees 649
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.08.20
Excerpt: ...e is the amount of those fees. The court determines the amount of “reasonable” attorney fees utilizing the “loadstar- adjustment” method. The court calculates the loadstar which is the number of hours reasonably spent multiplied by the reasonable hourly rate. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48.) The loadstar amount can be adjusted based on factors such as contingent risk, novelty and complexity of the case, and resul...
2020.08.19 Motion for Summary Judgment, Adjudication 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.08.19
Excerpt: ...rmination, and declaratory relief. Defendant's summary judgment motion was filed on February 27, 2020 and originally noticed for hearing on May 12, 2020. Pursuant to emergency orders, the hearing was continued to July 15, 2020. Plaintiff, without the assistance of counsel, filed a response to the summary judgment motion on May 5, 2020. There is no indication that the opposition was served on Defendant. On May 28, 2020, Plaintiff was again represe...
2020.08.18 Motion to Quash 756
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.08.18
Excerpt: ...ts alleged by Plaintiff in its Complaint. Defendant asserts it had no interaction with Plaintiff and that it cannot be held vicariously liable for torts occurring before its formation. Bor-Go offices are in Nevada. It is in the business of providing software to companies to process payroll. Bor-Go does business with California companies pursuant to service agreements which authorize companies to access Bor-Go's service. The service agreements con...
2020.08.18 Motion to Grant Exemplary Damages 548
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.08.18
Excerpt: ...re in addition to the general damages awarded in the court's ruling on Motion for Summary Judgment filed July 1, 2020. This court granted Plaintiff's Motion for Summary Judgment and set this matter for further hearing to determine exemplary damages. Plaintiff filed his memorandum of costs, a declaration in support of the request for attorneys' fees, and points and authorities in support of his request for exemplary damages. All documents were ser...
2020.08.18 Motion to Compel Responses 446
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.08.18
Excerpt: ...endant Heartland Express, Inc. of Iowa's Motion to Compel Plaintiff Henry Jimenez's Responses to Defendant's Special Interrogatories, Set One; Request for Monetary Sanctions Tentative Rulings: (1) To grant defendant Heartland Express, Inc. of Iowa's motion to compel plaintiff Henry Jimenez's responses to defendant's special interrogatories, set one; (2) To grant defendant Heartland Express, Inc. of Iowa's motion to compel statement of compliance ...

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