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338 Results

Location: Tulare x
2019.4.9 Motion for Judgment on the Pleadings 504
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ... for quiet title, fraud/deceit, conversion, and quantum-meruit/unjust enrichment. Plaintiff Beatriz Romero Gonzalez alleges that she has a half interest in two parcels of land located in Earlimart, California. Ms. Gonzalez states that the basis for her interest in these properties are Grant Deeds that convey these two parcels to Ms. Gonzalez's deceased husband Ramon Velasco Rodriguez and the daughter of defendant Vidal Barreto Velasco. Ms. Gonzal...
2019.4.9 Motion to Set Aside Default, for Leave to Defend Action 704
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ... Following a telephone conference between respective counsel, defendant's counsel agreed to accept service of the summons and complaint through notice of acknowledgement and receipt. When defendant's counsel received the service package, he noticed that the exhibits to the plaintiff's complaint were missing. Defendant's counsel contacted plaintiff's counsel who e-mailed these exhibits to defendant's counsel. Defendant's counsel signed, but never ...
2019.4.9 Motion to Tax Costs 570
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ...akov Dulcich & Sons seeks to tax costs of $297.00 associated with deposition costs; $235.00 in service costs, and $8,734.00 paid to a jury consultant. Deposition Costs. The $235.00 arises out of the cancellation of a room reservation that arose out of a failed attempt to depose defendant Dulcich's person most qualified as to this defendant's safety policies and procedures and training of its employees. Given that this deposition was to be conduct...
2019.4.9 Motion for Leave to File Amended Complaint 309
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ...vious pleadings or amendments;(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. California Rule of Court 3.1324(b) further requires that “A separat...
2018.7.24 Motion for Final Approval of Class Action Settlement 342
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.24
Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...
2018.7.18 Motion to Compel Med Exam 198
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...
2018.7.18 Motion for Summary Judgment, Adjudication 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and 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 ...
2018.7.18 Motion for Judgment on the Pleadings 670
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...
2018.7.18 Demurrer 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...
2018.7.17 Demurrer 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...
2018.7.17 Motion to Compel Med Exam 198
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...
2018.7.17 Motion for Summary Judgment, Adjudication 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and 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 ...
2018.7.17 Motion for Judgment on the Pleadings 670
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...
2018.7.10 Demurrer 989
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10
Excerpt: ...f's Complaint filed on June 12, 2017 is dismissed, with prejudice. Plaintiff is an unrepresented former inmate. He appears in propria persona in this action. He filed his civil complaint against the Kern County Superior Court by way of a Judicial Council form complaint. The caption to the complaint lists damages as “Length of Sentence.” The Complaint contains no facts and asserts only that Plaintiff was assessed too much prison time in his cr...
2018.7.10 Petition for Declaration of Abandonment 837
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10
Excerpt: ...m of $3,219.50 from Defendants plus attorneys' fees in the sum of $1,830.00 for a total of $5,049.50. Plaintiff brings this action under the Mobilehome Residency Law. (Civil Code 798 et seq.) Plaintiff seeks an order determining the subject mobilehome abandoned and an order permitting a public auction of the mobilehome as provided in the statute. Proof of service in the file indicates that notice of the Petition has been given by mail and by post...
2018.7.10 Motion for Leave to Augment Expert Witness List 985
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10
Excerpt: ...1016. Plaintiff was hit on the head by a baseball thrown by another student. Plaintiffs allege that a negligent failure to supervise the students on the playground resulted in this injury. The matter has been pending since March 22, 2017 and the trial has been continued twice. The minor was examined by Dr. Jacqueline Harris-Groeber on December 3, 2017. She recommended that plaintiff seek further examination from a neurologist. Defense counsel lea...
2018.7.10 Motion for Attorneys' Fees 062
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10
Excerpt: ...revailing party after court trial in this action. This was an action on a contract containing an attorneys' fees provision and Plaintiff is entitled to recover reasonable attorneys' fees pursuant to Civil Code 1717(a). The declaration filed in support of the motion indicates fees actually billed to Plaintiff amount to $61,140.00. The court finds this represents reasonable attorney's fees for this straight forward collection matter which was heard...
2018.6.26 Motion to Set Aside Judgment Default 432
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26
Excerpt: ...as required by California Rule of Court 3.1112(a) Second, the declaration of Marti Gonzalez that accompanies the moving papers for this motion was not submitted “under penalty of perjury” as required under CCP §2015.5 so as to be admitted into evidence in support of a motion. Also, there has been no proof of service filed with Ms. Gonzalez's motion to document that the moving papers for this motion were served on defendant-cross complainant ...
2018.6.26 Motion for Summary Judgment 257
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26
Excerpt: ...Fernandez obtained an order from the court on February 6, 2018 relieving him as Mr. Fernandez's counsel in this action. Mr. Fernandez remains in pro per. The Ledger Law Firm appears to remain as counsel of record for the minor Plaintiffs and their guardian ad litem. Moving Defendant asserts he was served with the summons and complaint but is not the person named in the police report relating to the subject automobile accident. No response to the ...
2018.6.26 Motion for Leave to File Complaint 223
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26
Excerpt: ...r 2, 2017 attended by counsel for Plaintiffs and Defendants. At the CMC the court ordered the matter set for trial on October 29, 2018. In January 2018 all parties stipulated to advance the trial date to October 1, 2018. Plaintiffs' current motion was filed on May 23, 2018 asking to add a new cause of action for Medical/Hospital Malice and Oppression and to add a new claim for punitive damages. Defendants oppose the motion. As Plaintiffs point ou...
2018.6.26 Demurrer, Motion to Strike 510
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26
Excerpt: ...e Nursing and Rehabilitation Center's demurrer to the causes of action for elder abuse with twenty days' leave to amend. Based on this court's ruling as to defendant Tulare Nursing and Rehabilitation Center's demurrer to plaintiffs' first amended complaint, defendant Tulare Nursing and Rehabilitation Center's motion to strike portions of plaintiffs' first amended complaint is moot. OPERATIVE FACTS This is an action filed by Sylvester Grigsby, ind...
2018.6.26 Demurrer 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26
Excerpt: ...nterpretation by reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers...
2018.6.19 Motion to Quash Service of Summons 982
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.19
Excerpt: ...ling of a proof of service that complies with the statutory standards (here CCP §417.10(a) when service is completed by personal service) creates a rebuttable presumption that service was proper. See Floveyor Int'l. Ltd v. Superior Court (Shick Tube‐Veyor Corp.) (1997) 56 Cal.App.4th 789, 795. Under CCP 417.10(a), where service is completed by personal delivery, the process server's declaration must show the time and place where the summons wa...
2018.6.19 Motion for Summary Judgment, Adjudication 103
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.19
Excerpt: ...ons to evidence deemed material to the motion. (CCP 437c(q).) The court's rulings are in the file on the form of order lodged by Defendant. A summary judgment motion raises only questions of law regarding the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving pa...
2018.6.19 Motion to Dismiss 810
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.19
Excerpt: ... July 14, 2009, and has not undertaken any action to resolve her case by way of trial or settlement. An action must be brought to trial within five years after it is commenced against the defendant. If not, dismissal is mandatory on the motion of any party, or on the court's own motion. See CCP §§583.310 and 583.360 This five year statute establishes a “bright line” beyond which plaintiff's delay would not be tolerated. See General Motors C...

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