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1962 Results

Location: Tulare x
2024.07.15 Motion for Summary Judgment 933
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.15
Excerpt: ...Though the DMV is named also as a Defendant, no service appears to have been made and no default has been pursued. ) The complaint attaches a certificate of title purporting to transfer sale of the Subject Vehicle from registered owners Defendants Romero and Sanchez to P la in t if f (Co m p la in t – Ex. A. ) The complaint alleges a single cause of action for conversion against Defendants Romero and Sanchez . The complaint further states “Th...
2024.07.15 Motion for Preliminary Approval of Class Action and PAGA Settlement 960
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.15
Excerpt: ...1, 2022, Plaintiff filed a putative class action against Saputo in Tulare County Superior Court (the “Martinez Class Action”). In the First Martinez Action, Plaintiff alleges that Saputo violated the California Labor Code based on a lle g e d f a ilure to pay minimum, straight time, and overtime wages, failure to provide meal and rest periods, failure to pay all earned wages twice per month, failure to maintain accurate records, failure to ti...
2024.07.15 Motion for Preliminary Approval of Class Action and PAGA Settlement 017
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.15
Excerpt: ...,000. Plaintiff estimates approximately 83 proposed Class Members, providing an estimated average payout of $749 per member. The Class Members consist of: “All current and former non- exempt California employees who worked for Defendant at any time during the period between May 4, 2019 through the earlier of (a) the date the Court enters an order granting preliminary approval of t h is s e t t le m e n t o r (b ) Ap r il 9 , 2024.” P la in t ...
2024.07.15 Motion for Attorney Fees 663
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.15
Excerpt: ...t t o Civ il Co d e s e c t io n 8 4 8 0 f o r t h e f a ilu r e o f Re s p o n d e n t t o f ile a t im e ly action to enforce the lien. On May 28, 2024, Petitioner filed a notice indicating the lien had been released. Petitioner now seeks attorneys' fees incurred under Civil Code section 8488(c), which states: “The prevailing party is entitled to reasonable attorney's fees.” Petitioner indicates $6,710 in fees, consisting of 24.4 hours at r...
2024.07.15 Demurrer 492
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.15
Excerpt: ...k Estates Way, Dinuba, CA 93618, Plaintiff served Defendant with a sixty day notice of termination based on withdrawal from the rental market (“Notice”), which ended May 22, 2024. (Complaint ¶ 2, 8. ) The Notice was posted and mailed pursuant to Code of Civil Procedure section 1162(3), pursuant to a proof of service executed by a California registered process server . On May 31, 2024, this complaint for unlawful detainer was filed. On June 1...
2024.07.11 Motion for Approval of PAGA Settlement 891
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.07.11
Excerpt: ...GA”). On November 29, 2022, the Court ordered Plaintiff's individual “Type A” PAGA claims to arbitration and stayed this matter as to Plaintiff's representative “Type O” PAGA claims. The settlement agreement indicates that Plaintiff has settled his “individual” claims via a separate action, VCU292007, and the release contained in the settlement agreement here does not extend or apply to such individual claims. Th is s e t t le m e n...
2024.07.09 Motion to Uphold Confidentiality and Sanctions, to Seal, for Continuance 632
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.09
Excerpt: ...es that this motion appears to have been filed June 2 5, 2024, which is less than 16 court days from this hearing date . Facts Common to (1) and (2 ) On or about August 3, 2023, the Plaintiff filed this action alleging claims for (1) age discrimination, (2) retaliation, (3) harassment, (4) failure to prevent harassment, discrimination, or retaliation, and (5) defamation. It is alleged that Defendants International Paper Company (“IP”) and Mik...
2024.07.09 Motion to Set Aside, Vacate Default 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.09
Excerpt: ...bruary 26, 2024, Plaintiff filed a proof of service purporting to personally serve Defendant LaRocca “C/ O Anna, front desk receptionist, authorized, confirmed location” at “500 North Central Avenue 610, Glendale, CA 91203” on February 21, 2024. Default was entered against Defendant LaRocca on April 29, 2024 . On May 28, 2024, Defendant LaRocca filed this motion to set aside the default and permit an answer to the complaint. In support, D...
2024.07.09 Motion to Enter Judgment 462
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.07.09
Excerpt: ...2024, because this matter had not been dismissed, the Court issued an order to show cause . In r e s p o n s e , P la in t if f f ile t h is m o t io n t o e n t e r ju d g m e n t u n d e r Co d e o f Civ il Procedure section 664. 6 The motion indicates that the parties agreed, by written settlement agreement, that Defendant shall pay Plaintiff a total of $17,915.10 by February 26, 2024 via monthly payments of $498 and a final payment of $485.10...
2024.07.09 Motion to Enforce Settlement 813
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.09
Excerpt: ...ng that the matter would be dismissed May 31, 2024. No dismissal of this matter has been entered . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d in it ia lly f ile d t h is m o t io n s e e kin g t o e n f o r c e a settlement purportedly made between the parties. However, at the initial hearing, Counsel Ryan Sullivan made a special appearance on behalf of Defendant, indicating that ne ither he nor his client had been served with this motion...
2024.07.09 Motion for Sanctions 086
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.09
Excerpt: ...a in t f o r a s in g le c a u s e o f a c t io n o f w h is t le b lo w e r retaliation under Labor Code section 1102.5 against the Defendant City of Lindsay, alleging that Plaintiff's employment as the City's Finance Director was wrongfully terminated on January 4, 2024 . Plaintiff has filed this complaint expressly as an individual. The complaint does not indicate that the complaint is on behalf of aggrieved employees or any group of employees...
2024.07.09 Demurrer 761
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.07.09
Excerpt: ... to the Demurre r On October 6, 2023, the Court sustained Defendant's demurrer to the complaint in this matter on the basis of issue preclusion. Specifically, the Court found that Vela, in a prior unlawful detainer PCL297032 (the “Unlawful Detainer Matter”) adjudicated the habitability, repair and deduct and retaliation issues claims raised in this instant action PCL296761 (the “Injunction Matter”) . The initial complaint in this Injuncti...
2024.07.08 Motions to Compel Initial Responses, for Sanctions 879
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.08
Excerpt: ...errogatories, Set One, as to Plaintiff Navarro; (6) Request for Production of Documents, Set One, as to Plaintiff Navarro; and for sanctions Tentative Ruling: (1) through (6) To grant the motions and order responses, without objections, due no later than thirty (30) days from notice of this ruling; Defendant is ordered to give notice; to impose sanctions in total of $1,110 jointly against Plaintiffs and counsel of record due no later than thirty ...
2024.07.02 Motion to Expunge Lien 514
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.02
Excerpt: ...and the Court has re viewed these supplemental filings. P la in t if f in t h is m a t t e r is “RP Co n s t r u c t io n Se r v ic e s , LLC.” Plaintiff alleges that the real property at the subject of this action is located at 6802 Avenue 120, Tipton, CA and owned by Defendant Bosman Dairy, LLC. (“Bo s m a n ”) (F AC ¶ 7 . ) Plaintiff further alleges Bosman and Revel Energy LLC (“Revel”) entered into an agreement for which Revel ag...
2024.07.02 Motion to Clarify Summary Judgment Ruling 232
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.02
Excerpt: ...e q u e s t e d , is , u lt im a t e ly , a s o lic it a t io n f o r t h is c o u r t to invoke its power under Code of Civil Procedure section 128, subdivision (a)(8) “[t ]o a mend … its … order[] so as to make [it] conform to law and justice … .” (Italics added. ) Board of Supervisors v. Superior Court (1994) 23 Cal.App.4th 830 [28 Cal.Rptr.2d 560] ( Boa rd of Supervisors ), at pages 847- 848, is additionally cited in support of defe...
2024.07.02 Demurrer, Motion to Strike 615
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.02
Excerpt: ...e & Wyoming Railroad Services, amongst others, for seven causes of action based upon a vehicle versus idle train. On October 5, 2023, Plaintiff drove his vehicle through an intersection “when he collided with a train within his lane of t r a v e l. ” (Co m p la in t ¶ ¶ 7 , 2 5-2 6 . ) These Defendants demurrer to the first six causes of action, each of which is based upon the Dinuba City Code or Tulare County Code. Defendants argue that th...
2024.07.02 Demurrer, Motion to Strike 343
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.07.02
Excerpt: ...TGSA) for breach of a January 2021 settlement agreement and breach of the implied covenant of good faith and fair dealing. Relatedly, plaintiffs allege a cause of action for declaratory relief, seeking, in effect, a declaration that ETGSA is obligated to take actions that, plaintiffs allege, ETGSA is obligated to take under the agreement. FWA and ETGSA are both public agencies, and their settlement agreement arose within a space of overlap in the...
2024.07.01 Motion to Tax Costs 832
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.01
Excerpt: ... vehicle accident (“MVA”) involving Claimant, Montenegro, and a third -party driver named Nely Gamino Victoria on State Route 4 3 (Ce n t r a l Va lle y H ig h w ay) and Avenue 56 in an unincorporated part of Tulare County . On January 31, 2022, Claimant served an section 998 offer to compromise for $85,000, which State Farm rejected . The arbitrator, on the arbitration petition, awarded Claimant $217,298.22 and “also to have all costs reco...
2024.07.01 Motion to Compel Second IME 797
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.01
Excerpt: ...s have caused and continue to cause Plaintiff great physical and mental pain and suffering. Plaintiff is further informed and believes, and thereon alleges, that said in ju r ie s w ill r e s u lt in s o m e o r a ll p e r m a n e n t d is a b ilit y t o h im , (Co m p la in t ¶ 1 7 .) Plaintiff, in response to Form Interrogatory 6.2 as to each injury attributed to the accident, responded as follows : Traumatic brain injury and concussion, post ...
2024.07.01 Motion for Preliminary Approval of Class Action and PAGA Settlement 669
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.01
Excerpt: ...aintiff estimates approximately 397 proposed Class Members, providing an estimated average payout of $190.31 per member . The Class Members consist of: all current and former hourly and/ or non -exempt persons employed by Defendant in California at any time from March 7, 2019, through the date of the preliminary approval . The operative complaint alleges causes of action for (1) Unpaid Missed Rest Breaks (Labor Code § 226.7(a) and IWC Wage Order...
2024.07.01 Application to Serve Via Publication 321
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.07.01
Excerpt: ...ntiffs pursuant to California Co d e o f Civ il P rocedure section 415.30, on or about February 1, 2024, sent, via Certified U.S. Mail to Defendant, return receipt requested, a letter enclosing a copy of the Summons and Complaint . Plaintiffs received the package back which was listed as undeliverable . Plaintiffs then reached out to the attorney that had previously made contact regarding the demand letter sent (to the same address in November 20...
2024.06.27 Demurrer 936
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.06.27
Excerpt: ...e accident occurred when Defendant Phong Thanh Huynh, driving a tractor trailer, backed -up “into Defendant Abe Girl Farms, LLC's packing facility reversing from the right hand shoulder of Road 120 directly into the path of Plai n t if f 's v e h ic le ” w h ic h c o llid e d w it h t h e t r a ile r o f D e f e n d a n t Huynh's vehicle. (Complaint at p. 6.) Defendant NPR Transport, Inc. is alleged to own or partially own the vehicle driven ...
2024.06.27 Demurrer 320
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.06.27
Excerpt: ...; 8:30 am; D1. Fa ct s Plaintiff alleges that, between September 2022 and February 2023, “Plaintiff was sexually coerced and manipulated by Defendant DEJAUN JONES to engage in unwanted acts of a sexual nature including, without limitation, the sending and receiving of nude photos and videos by Defendant DEJAUN JONES to the minor P la in t if f , e n g a g in g t h e m in o r P la in t if f in in a p p r o p r ia t e a n d s e xu a lly e xp lic ...
2024.06.25 Motion to Compel Initial Responses 220
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.06.25
Excerpt: ...mpel portion of the motion moot, noting that Plaintiffs served responses June 12, 2024; to impose monetary sanctions under Code of Civil Procedure section 2030.290(c) jointly and severally against both Plaintiffs and counsel of record in the amount of $410, due no later than thirty (30) days from the date of this hearing; to deny the request for non -monetary sanctions; (2) To find the compel portion of the motion moot, noting that Plaintiffs ser...
2024.06.25 Motion for Summary Adjudication 014
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.06.25
Excerpt: ...Code sections 226(a) for the failure to provide compliant wage statements) because Defendant did not specify on wage statements the address of the legal entity that is the employer, as required by Labor Code section 226(a)(8) ; 2. Plaintiffs and Regular Rate Class members are entitled to summary adjudication for Plaintiffs' First Cause of Action (violation of Labor Code sections 510 and 1198 for the failure to pay overtime wages) because Defendan...

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