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1203 Results

Location: Tulare x
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...
2022.10.06 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ... motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...
2022.10.04 Petition for Compromise of Minor's Claim 491
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ...mones. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child in this case. According to the Petition, on February 21, 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was take...
2022.10.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 325
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... Members, providing an estimated average payout of $241.35 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Gutierrez FLC, Inc. in California who worked at least one shift performing work for Defendant WesPak, Inc. at any time during the period of January 1, 2019 to September 2, 2022.” Plaintiff primarily alleged the following violations: (1) minimum wage violations (2) failure to pay all o...
2022.10.04 Motion for Determination of Good Faith Settlement 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... (2) This complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house (the “Floral Property.”) The minor child is the cousin of Defendant Gina Enriquez and the minor's grandmother is the aunt of Defendant G...
2022.10.04 Demurrer 368
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... per, filed a complaint on July 6, 2022 for against Defendant Visalia Police Department and “joined under Code of Civil Procedure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an inci...
2022.09.30 Application for Relief from Default 709
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.30
Excerpt: ...., #2, Visalia, CA 93277 (“Subject Property”) based upon a ninety‐day notice for cause under substantial remodel of the Subject Property pursuant to Civil Code section 1946.2(2)(D)(i). On September 7, 2022 the complaint was filed. On September 12, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Noyola occurred on September 10, 2022. On September 21, 2022, default judgment, for possession only, was entered. ...
2022.09.29 Motions to Compel Initial Discovery Responses 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.29
Excerpt: ...rty (30) days from notice of this ruling; Defendant and moving party Abeer A Hafez DDS, Inc shall give notice; to impose sanctions of $265 on Plaintiffs jointly and severally. This is a dental malpractice action brought by Plaintiffs against, amongst others, Defendant Abeer A Hafez DDS, Inc. On or about February 7, 2022, Abeer A Hafez DDS, Inc. propounded form interrogatories, special interrogatories and requests for production of documents on Pl...
2022.09.27 Motion for Preliminary Approval of Settlement 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...ore, the Court preliminarily approves the settlement as indicated herein. The final approval hearing is set for March 28, 2022, 8:30 am in Department 7. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,250) The gross settlement amount is $275,000. Plaintiff estimates approximately 576 proposed Class Members, providing an estimated average payout of $205.30 per member. The Class Members consist of all current and former hourly‐paid or...
2022.09.27 Demurrer, Motion to Strike 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...h leave to amend; to grant the Court's own motion to strike as to allegations of conduct between the time period of June 18, 2013 and July 15, 2015 and references thereto in in paragraphs 9, 12, 13, 14, 15, 16, 17, 36, 42, and 44 based upon res judicata. Facts Common to (1) and (2) Defendants Pleasant Valley Canal Company, Richard Waller and Roger Patterson (collectively “PVCC”) demur to the operative first amended complaint filed in this mat...
2022.09.27 Demurrer, Motion to Strike SAC 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...nrelated to the qualified medical examination related to the workers compensation claim or those that would fit an exception to the exclusivity rule. As noted, this case involves alleged acts by Defendant Dr. Micah Hoffman, a worker's compensation qualified medical examiner who performed a psychiatric evaluation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the second amended complaint include: (...
2022.09.27 Motion to Reconsider Demurrer 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ... (6) Vicarious Liability; (7) Defamation; (8) Deprivation of Civil Rights under 51 (Unruh Act); (9) Personal Injury; (10) Intentional Infliction of Emotional Distress; (11) Retaliation in Violation of Labor Code §1102.5/Health & Safety Code sec. 1278.5(b)(1); (12) Disability Discrimination; (13) Assault and Medical Battery; (14) False Imprisonment; (15) Depravation in Violation 42 U.S. Code § 1983—Civil Action for Deprivation of Rights; (16) ...
2022.09.27 Petition for Leave from Government Tort Claims Act 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...t's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6 Facts Plaintiff's first amended complaint alleges a number of causes of action against Defendants City of Visalia, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma Fahoum, Damon Maurice and “Defendant Velverde” (hereinafter collectively “...
2022.09.27 Petition for Leave from Government Tort Claims Act, Demurrer, Motion to Amend Complaint 294
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...r, as noted below, the Court's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6(e); (2) To sustain the demurrer without leave to amend; (3) To deny the motion to amend. (1) Plaintiff's Petition for Leave from the Government Tort Claims Act Facts Plaintiff alleges various dates of alleged compliance with the Tort Claims Act that are ...
2022.09.26 Motion to Consolidate, Demurrer 111
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...ngs; (2) To continue the demurrer to October 17, 2022, to be ruled upon after the consolidation; the Court intends to grant the demurrer as indicated below, after consolidation. (1) Motion to Consolidate Facts Defendant Universal Protection Service, LP (“Defendant”) requests this Court consolidate Plaintiff Charles Williams Olivares' (“Plaintiff”) class action, Case No. VCU291111, and his Private Attorney General Act (PAGA) action, Case N...
2022.09.26 Motion for Relief from Default, for Stay of Execution of Judgment 713
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...t during the length of the proposed stay, capped at 40 days. Facts This is an unlawful detainer matter involving 11926 Ave 272 Visalia CA 93277 (“Subject Property”) based upon a thirty‐day notice. On September 8, 2022 the complaint was filed. On September 9, 2022, Plaintiff filed a proof of service indicating personal service on Defendant James occurred on September 8, 2022. On September 19, 2022, default judgment, for possession only, was ...
2022.09.26 Motion for Leave to File Complaint 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...days of this hearing; (2) To continue this motion to October 17, 2022 to permit a supplemental declaration to be filed addressing California Rule of Court 3.1324(b). Facts Common to (1) and (2) This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Defendant Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction...
2022.09.26 Motion for Judgment on the Pleadings 188
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...ff seeks judicial notice of these admissions and various recorded grant deeds. Defendants Julian Mendez and Hilda Mendez acquired property located at 667 Walnut Street, Pixley, CA (“Subject Property”). (Exhibit C – Requests for Admissions (“RFA”) Nos. 2‐4.) Defendants Julian Mendez and Hilda Mendez transferred the Subject Property into their family trust in April 2008. (Exhibit C – RFA Nos. 5, 6, 7; Exhibit E.) On or about January 2...
2022.09.26 Demurrers 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...nsurance Company, State Farm agent Jim Parsley, Sr., and Bank of America. Background As relevant here, Robert alleges as follows: In 2005, Robert's parents, Billy J. and Lois Newsome, drafted separate wills providing for equal distribution of their assets to their three children, which include Robert; Janet; and Billy D. Newsome (who is not the subject of any allegations of wrongdoing). Janet had an attorney draft a trust and new will for Billy J...
2022.09.26 Demurrer 251
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...demurrer as to the third cause of action for breach of contract. Facts On June 21, 2022, Defendant, Cross‐Defendant and Cross‐ Complainant Pacific Properties Sales & Management Inc. (“Pacific”) filed a verified cross‐complaint for unjust enrichment, negligent misrepresentation and breach of contract. The underlying dispute involves the validity of a lease of a private air landing strip and whether the lease is invalid because it does no...
2022.09.22 Motion to Confirm Good Faith Settlement 065
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...
2022.09.22 Motion to Change Venue, Demurrer, Motion to Strike 373
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ...al.App. 448, 449, as detailed below. (1) Motion to Change Venue Facts Plaintiff's complaint alleges negligence and medical malpractice against Defendant “Adventist Health Hospital – Hanford, CA.” Defendant Adventist Health Hospital brings this motion to transfer venue to Kings County. In support, Defendant notes its principal place of business is Kings County, the subject incident is not believed to have occurred in Tulare County, Defendant...
2022.09.22 Motion to Approve Rehabilitation Plan of Receiver 453
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ...pointed the Receiver to “take full and complete possession and control of the Nuisance Property [740 East Harvard Avenue, Dinuba, California 93618, Assessor's Parcel Number 017‐243‐008‐000],” and “rehabilitate the Nuisance Property in accordance with the rehabilitation plan approved by this Court and shall bring the Nuisance Property into compliance with all applicable State and local laws,” among other powers (Receivership Order 3:...
2022.09.20 Motion to Compel Arbitration and for Stay 299
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.20
Excerpt: ...led this lawsuit against his former employer, Defendant Setton Pistachio of Terra Bella, Inc. Thereafter, Plaintiff filed the operative First Amended Complaint alleging a single cause of action under the Private Attorneys General Act, Labor Code section 2698, individually and on a representative basis, for a number of Labor Code wage and hour violations. Defendant Setton removed this case to the district court and did not initially move to compel...
2022.09.20 Motion for Reconsideration 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.20
Excerpt: ...filed this lawsuit in September 2020 against ABLP Properties Visalia, LLC (“ABLP”), ABLP REIT LLC (“ABLP REIT”), Jerry Sanada and Bruce Sanders, amongst other defendants for breach of contract, wrongful foreclosure, fraud, breach of covenant of good faith and faire dealing, slander of title, and intentional interference with prospective economic relationship based upon a loan from ABLP REIT in January 2017. The Court notes Plaintiff Gonza...

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