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408 Results

Location: Tulare x
2020.03.19 Motion to Enter Judgment Pursuant to Stipulation 482
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.03.19
Excerpt: ...recover amounts due under a credit account on September 5, 2018. Defendant, through counsel, filed an answer on October 18, 2018. On 12/12/2018, Plaintiff filed a notice of settlement of the case and indicated dismissal would be entered by 12/7/2019. No dismissal having been filed, the court on 12/13/2019 issued its OSC why the case should not be dismissed. In response Plaintiff filed the subject motion on 01/29/2020. Proof of service in the file...
2020.03.19 Demurrer 661
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.19
Excerpt: ...iry, Inc. asserts a single cause of action for Declaratory Relief. Cross-Defendant City of Corcoran demurs asserting the pleading does not raise a cognizable request for declaratory relief. The court in its discretion may deny a claim for declaratory relief where it is not necessary or proper. (CCP 1061.) Any doubts as to the adequacy of a declaratory relief claim are to be resolved in favor of permitting the claim. (Warren v. Kaiser Found. Healt...
2020.03.19 Motion for Leave to File Amended Complaint 085
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.19
Excerpt: ... injury action that arises out of a traffic accident. During the plaintiffs' depositions, testimony provided by the plaintiffs suggested that plaintiff Robert Aguilar has a claim for loss of consortium damages based on the injuries that his wife Lillian Aguilar sustained in the accident from which this lawsuit arises. Robert Aguilar now moves the court to amend the plaintiffs' complaint to add a loss of consortium claim to the damages that the pl...
2020.03.17 Motion to Stay Action Pending Resolution of Criminal Matter 756
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.17
Excerpt: ... officer for defendants and cross-complainants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions Corp., and/or TS Dynamic Corp.). For the purposes of this ruling, the above-stated defendants and cross complainants will be identified collectively as “Sibel.” Plaintiff's Request for Judicial Notice is granted only as to the date of filing of the documents identified in the plaintiff's request for judicial notice. Except fo...
2020.03.17 Motion for Preliminary Approval of Class Action Settlement 858
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.17
Excerpt: ...ement 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. Identity of the Class The class identified in this action is “All Wawona non-exempt employees who worked in Wawona's packing facility from November 22, 2013 through the date of Preliminary Approval.” 2. Sufficiency of Amount of Settlement ($4,000,000.00) The gross settlement amount is $4,000,000.00 whi...
2020.03.17 Demurrer 322
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.17
Excerpt: ...ll well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (a...
2020.03.17 Demurrer 320
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.17
Excerpt: ...all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (...
2020.03.12 Motion to Strike Exemplary Damages 209
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.12
Excerpt: ...e. Defendant Hector Mendez-Alvarado is a professional driver who was operating a semi-truck through a construction zone at approximately 58-60 mph when he took his eyes off the roadway and collided with the plaintiff's automobile. Defendant took his eyes off the roadway to take something out of a “fridge” that he had installed in his semi-truck. There are presently no specific facts plead against defendant MGM Labor Contracting, Inc. in the p...
2020.03.12 Motion to Preclude Use of and Order Sealed Alleged Confidential Electronic Information 579
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.12
Excerpt: ...to the attorney-client privilege and to order Defendants precluded from utilizing these emails and to order portions of deposition transcripts referencing the subject emails be sealed; (2) To Grant Plaintiff's motion as to confidential closed-session information and to order portions of any deposition containing references to closed-session information be kept under seal pending further order of the court. Plaintiff provided documents responsive ...
2020.03.12 Motion for Attorney Fees 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.12
Excerpt: ...BA International v. Mark Nakata et.al) that is currently pending in the Fifth District Court of Appeals. (the Fresno appeal) Except for orders that appear in the appellate court's file for this case, this court cannot take judicial notice as to the contents of documents in the appellate 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...
2020.03.12 Demurrer 694
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.12
Excerpt: ...quate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial noti...
2020.03.12 Demurrer 423
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.03.12
Excerpt: ...intiff's Request for Judicial Notice is granted under Evidence Code §452(g) as to records obtained from the California Secretary of State. Defendants' Request for Judicial Notice is granted under Evidence Code §452(g) as to the fact that it is a public entity. As to the plaintiff's First Amended Complaint, defendant's Request for Judicial Notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except...
2020.03.10 Demurrer 930
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.10
Excerpt: ...a dispute between a medical provider (Plaintiff and Cross-Defendant –Kaweah Delta) and a patient insurer (Defendant and Cross-Complainant - Kaiser). One of Kaiser's insureds received emergency medical treatment at Kaweah Delta. Kaweah Delta billed Kaiser for the services. Kaiser paid less than the amount billed and allegedly paid substantially less than the historic reimbursement experience between the parties. Kaweah Delta asserts Kaiser unila...
2020.03.10 Petition for Writ of Mandate, for In Camera Review 972
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.10
Excerpt: ... with City Council Member Carleton Jones. A Tulare City police officer filed claims against Respondent asserting a Tulare City Council Member had engaged in conduct creating a hostile work environment. As part of its statutory obligation to investigate, Respondent City of Tulare hired an outside attorney who investigated the claims and prepared a report for the City. Respondent advised both the police officer and the City Council Member of the re...
2020.03.10 Demurrer, Motion to Strike 504
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.10
Excerpt: ...h and survivor complaints that arise out of the death of decedent Margarito Hernandez Ortega on August 22, 2018. Decedent was killed in an automobile accident when he encountered flooding on Road 120 that caused him to lose control of his vehicle and crash into a power pole. Plaintiffs contend that the flooding on Road 120 was caused by an overflow of water from the irrigation system on the defendants' adjacent farm. Plaintiffs further allege tha...
2020.03.10 Motion for Final Approval of Class Action, for Attorney Fees 105
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.03.10
Excerpt: ...nses, and plaintiff's enhancement award. The claims administrator mailed notice of the settlement to all 2333 class members. Nineteen notices were returned by the post office as undeliverable. No objections or requests to opt out were received by the administrator. Plaintiff's moving papers are sufficient to establish the settlement terms are fair and reasonable under the circumstances. The court and approves the settlement, the notice sent to cl...
2020.03.09 OSC Re Preliminary Injunction, Application to be Relieved as Counsel 473
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2020.03.09
Excerpt: ...onfer to resolve these motions. No CourtCall is permitted. Re: Phelps v Life Insurance Company of North America Case No.: VCU276849 Date: March 9, 2020 Time: 8:30 A.M. Dept. 1-The Honorable Melinda Reed Motion: Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release Tentative Ruling: To deny Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release without prejudice. 1. Sufficiency of Sett...
2020.03.09 Demurrer 033
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2020.03.09
Excerpt: ...o Strike Punitive/Exemplary Allegations from Plaintiff's First Amended Complaint. Plaintiff Alexis Ocampo's first amended complaint for employment discrimination and retaliation alleges defendant Family Healthcare Network wrongfully terminated her employment on the basis of pregnancy, physical disability, and sex. As to the demurrer, defendant contends plaintiff's complaint fails to allege facts showing her termination was based on discrimination...
2020.03.02 Motion for Summary Judgment, Adjudication 134
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2020.03.02
Excerpt: ...tion for monetary relief against defendants Old West Export Inc. (Old West) and Frances Murillo is brought under the Perishable Agricultural Commodities Act (PACA). Here, plaintiff seeks summary adjudication of its third and fourth causes of action for enforcement of statutory trust and violation of PACA against Murillo. Plaintiff contends Murillo is personally liable for Old West's debt as a matter of law under PACA. Murillo opposes the motion a...
2020.02.27 Motion to Set Aside and Vacate Renewal of Judgment 547
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.02.27
Excerpt: ...new this judgement, defendant advised plaintiff that this credit card account was fraudulently opened and that the defendant was the victim of identity theft. When plaintiff investigated the defendant's representation, plaintiff concluded that this account was indeed fraudulently opened and now seeks to set aside this judgment. CCP §473(b) provides in relevant part “The court may, upon any terms as may be just, relieve a party or his or her le...
2020.02.27 Motion to Bifurcate Liability and Damages Phases of Trial 522
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.02.27
Excerpt: ...ies as a passenger in a pickup truck that went out of control, left the roadway, hit an embankment, and rolled over. The truck, driven by plaintiff's father, Ernesto Moreno Lopez, was owned by defendant Graceland Dairy, Inc. – a company affiliated with Mr. Lopez's employer defendant Visser Ranch. Plaintiff contends that Mr. Lopez was basically “on call” 24-7 with Visser Ranch and was urged to use the company truck. This truck was loaded wit...
2020.02.27 Demurrer 578
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.02.27
Excerpt: ...r fraud). Defendant shall file its answer to the remaining allegations of Plaintiffs' Complaint within ten (10) days of this order. Defendant demurs to the Second Cause of Action (for Intentional Interference with Prospective Economic Advantage), the Fourth Cause of Action (for Fraud), and the Fifth Cause of Action (for Negligent Misrepresentation) asserting each is barred by the applicable statute of limitations. Defendant asserts that each clai...
2020.02.25 Motion to Strike or Tax Costs 267
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.02.25
Excerpt: ...sponse, dismissed Defendants have supplied documentation for all of the claimed costs. The documentation submitted in support of the cost bill is sufficient to show all of the claimed costs were reasonably necessary for the litigation and reasonably incurred for the litigation. Plaintiff asserts that dismissed Defendants were only minimally liable in this automobile accident case and were dismissed on the first day of trial. Plaintiff obtained ju...
2020.02.25 Demurrer 186
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.02.25
Excerpt: ...(Labor Code 2699, et seq.) Causes of Action, without leave to amend. Defendant shall file its answer to the remaining causes of action within ten (10) days of this order. Proof of service in the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also...
2020.02.20 OSC Re Contempt of Authority and Abuse 363
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.02.20
Excerpt: ... Defendant Tamara Lagomarsino and her Defense Counsel of Record Brian O'Driscoll. Plaintiff's motion is vague and unclear. It appears Plaintiff wants Defendant's attorney sanctioned for alleged misconduct at Plaintiff's deposition. Plaintiff also asserts Defendant and her attorney refused to mediate this dispute despite a stipulation to do so. Plaintiff asks that her deposition be stricken and asks for additional relief which is unclearly and ina...

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