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1023 Results

Location: Tulare x
2022.05.23 Motion to Strike 251
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...cember 10, 2020 against Defendants Jon Mackenzie, Anthony Longabordo and Pacific Properties, amongst others. The complaint involves the validity of a lease of a private air landing strip. The complaint contains a cause of action for declaratory relief. The issue is whether the lease is invalid because it does not contain Defendant Mackenzie's signature. On February 16, 2022, Cross‐Complainant/Defendant Mackenzie then filed a cross‐complaint a...
2022.05.23 Motion to Set Aside Dismissal, Entry of Judgment 841
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...ered into a settlement agreement. On June 12, 2017, the Court signed the order dismissing the case without prejudice and expressly retaining jurisdiction over this matter pursuant to Code of Civil Procedure section 664.6. Defendants made payments toward the balance due totaling $3,977.91, with the last payment made on January 31, 2019. Plaintiff requests the pre‐judgment amount of $17,200.00 plus court costs of $640.00 minus credits of $3,977.9...
2022.05.23 Motion for Judgment on the Pleadings 229
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...he petition, Touchstone filed its initial cross complaint seeking a judicial declaration that Wonderful lacks standing because another department of this court determined Wonderful lacked standing to challenge other, prior land use approvals relating to the same pistachio processing facility in a recent prior action: Tulare County Superior Court Case No. VCU283508 (Wonderful I). The land use approvals at issue in Wonderful I were two building per...
2022.05.23 Motion for Final Approval of Class Action, for Attorney Fees 013
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...mpliance Hearing is set for September 19, 2022, 8:30 am in Dept. 2. Plaintiff's 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 May 23, 2022. The court finds and rules as follows: On February 9, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 1,078 potential...
2022.05.23 Demurrer 324
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...e correspondence attached indicates that the issues were sufficiently discussed between the parties, some in more detail than others. In any event, “(4) A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc § 430.1(a)(4).) Facts This matter arises from disputes relating to the sale of Plaintiff Paim's towing business, Indy Towing and Transport (...
2022.05.23 Demurrer 060
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...date range for the abuse or placement, does not identify the foster family, does not identify any therapist or state how long the abuse lasted. Defendant demurrers on the basis that the complaint is ambiguous for failure to provide such identification. Defendant further states that Plaintiff has failed to plead particularity. Plaintiff opposes the demurrer on the basis that she has pled all elements for negligence against the County and need not ...
2022.05.19 Motion to Compel Arbitration 494
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. A. Facts On January 4, 2022, Plaintiff filed a lawsuit against Defendants alleging: (1) Wrongful Termination in Violation of Public Policy, (2) Sexual Orientation Discrimination under the Fair Employment and Housing Act, (3) Sex Discrimination under the Fair Employment and Housing Act, (4) Age Discrimination under the Fair Employment and Housing Act, (...
2022.05.19 Motion to Award Reasonable Attorney Fees 107
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...d at 10246 Avenue 388, Dinuba, California 93618. Plaintiff caused a sixty‐day notice to be served on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possessio...
2022.05.19 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 266
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. Plaintiff's 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 May 19, 2022. The court finds and rules as follows: On February 23, 2022 the ...
2022.05.19 Demurrer, Motion to Strike Attorney Fees 848
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. If no oral argument is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument ...
2022.05.17 Motion to Compel Deposition 277
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.17
Excerpt: ...has sued the County of Tulare, as well as multiple individually named Defendants, including Heriberto Martinez for failure to investigate and provide emergency responsive services. Plaintiff states that Defendant Martinez is the chief liability witness. Plaintiff mutually set the deposition approximately four times without success, including on April 5, 2022, where Defendant failed to appear at the deposition. In opposition, Defendant states he h...
2022.05.17 Demurrer 294
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.17
Excerpt: ... U.S.C. § 1985; 2) Deprivation of Civil Rights under 42 U.S.C. § 1983; 3) Deprivation of Civil Rights under State Code §§ 51 (Unruh Act) and 52.1; 4) Taxpayer Suit to Prevent the Illegal Expenditure of Funds (Code of Civ. Proc. 526a; 5) Failure to Take all Reasonable Steps to Prevent Discrimination; 6) Harassment and Hostile Environment; 7) Unlawful Retaliation: Labor Code § 1102.5 (Whistleblower Law); 8) Battery; 9) Assault; 10) Negligence;...
2022.05.13 Motion to Vacate Default Judgment, Stay Execution of Judgment 867
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.13
Excerpt: ... filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed this motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sec...
2022.05.13 Application to Set Aside Judgment and Default, Quash Writ of Possession 107
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.13
Excerpt: ...on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022 at 12:54 pm by substituted service on Jesus Hauracha “co‐resident,” ...
2022.05.10 Motion to Dismiss Appeal for Failure to Post Undertaking 718
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.10
Excerpt: ...ts appealed from the DLSE judgment to the Tulare Superior Court on February 9, 2018. Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377. Trial was in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on Apri...
2022.05.10 Motion for Relief from Default 710
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.05.10
Excerpt: ...ndant filed this motion April 5, 2022. The procedural history, Defendant's participation at various hearings and statements by the Court to Defendant are relevant to denial of this Motion. On November 9, 2021, Defendant, representing himself, attended the case management conference. Defendant told the Court at that time, he did not understand he had to file an answer. The Court advised him that he had not yet filed a response to the lawsuit. Spec...
2022.05.10 Motion for Relief from Default 612
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.05.10
Excerpt: ...r is an unlawful detainer action involving residential property located at 1090 Stonegate Cove Dr. #A, Porterville, CA 93257. Defendant Valdez was served via posting and mailing on April 5, 2022. The proof of service of this method of service was filed April 27, 2022. Default was entered as to Defendant Valdez on April 27, 2022. In support of this motion, Defendant Valdez's counsel has submitted a declaration that indicates that counsel contacted...
2022.05.10 Demurrers 770
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.10
Excerpt: ...Garcia), and Sumruld Garcia, Inc., identified in the complaint as a “family business.” Davis alleges the defendants issued a “bad check” from a Sumruld Garcia business account for sums allegedly agreed to be paid for legal services. Based on this allegation, Davis alleges a first cause of action for breach of contract, a second cause of action on various common counts, a third cause of action for fraud, and a fourth cause of action for ge...
2022.05.09 Petition for Writ of Mandate 992
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...n its appeal, JT2 challenged a Civil Wage and Penalty Assessment (CWPA) issued by the California Division of Labor Standards Enforcement (DLSE) based on JT2's alleged failure to pay its workers prevailing wage rates for work on a public works project. The hearing officer determined DLSE's assessment was incorrect in various respects, and the Director issued a decision modifying the assessment. JT2 challenges a limited part of the Director's decis...
2022.05.09 Motion for Summary Judgment, Adjudication 714
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...a load of lumber at Defendant and Cross‐Complainant Sierra Forrest Products. After loading the lumber, various tarps were placed on top of the truck. Plaintiff was then “instructed to drive his truck outside of the loading area to the front of the building before the straps and tarps were fully secured” and while Plaintiff “was adjusting one of the straps in preparation for securing the load, one of the heavy tarps fell off of the load an...
2022.05.09 Demurrer, Motion to Strike Attorney Fees, Punitive Damages, Other Allegations 839
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...ntiff shall have 10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. Facts Common to (1) and (2) This case arises from Mary Alice Hooper's (“Decedent”) death while a patient/resident at Linwo...
2022.05.09 Application for Amicus Curiae Brief 623
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...mplaint. Authority and Analysis In re Veterans' Industries, Inc. (1970) 8 Cal.App.3d 902, 924‐925 notes the following regarding amicus briefs at the trial court level: “It is sometimes observed that even though one's interest in the subject matter or the outcome of an action is insufficient to permit an intervention, such a person's rights had been adequately protected by his having been permitted to appear as an amicus curiae setting forth h...
2022.05.06 Demurrer 949
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.06
Excerpt: ...he rental market. On February 8, 2022, Plaintiff caused a “SIXTY DAY NOTICE TO QUIT (C.C., Sec. 1946.1)” to be served on Defendants, including Defendant Bothke (the “Notice.”) The Court notes the Notice is on a form indicating it was published in 2003. The Notice expressly states it is given pursuant to Civil Code section 1946.1. On April 20, 2022, Plaintiff filed this unlawful detainer complaint. Defendant Bothke now demurrers to the com...
2022.05.05 Petition for Minor's Compromise 831
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...
2022.05.05 Motion for Summary Judgment 877
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...

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