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661 Results

Location: Tulare x
2021.05.10 Motion to Compel Responses 331
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.10 Demurrer, Motion to Strike 670
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.10 Motion for Summary Judgment, Adjudication 586
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.04 Motions to Compel Further Responses 623
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.05.04
Excerpt: ... interrogatories; and (4) request for production of documents, set one. Defendants shall pay sanctions to plaintiff's counsel in the amount of $560.00 no later than 30 days from the notice date for this ruling. CCP §2024.020 advises that (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on o...
2021.05.04 Motion to Stay Civil Proceedings 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.05.04
Excerpt: ...cident which is the subject of this civil action. Defendant remains incarcerated in the Tulare County Jail on the criminal charges. There is a preliminary hearing scheduled in the criminal action on June 18, 2021. Defendant asks that the civil action be stayed and set for further case management conference in December 2021. Plaintiffs oppose the motion. It is alleged that Defendant was operating his vehicle under the influence of alcohol at the t...
2021.04.29 Motion to Enforce Settlement 338
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.29
Excerpt: ...required of her under the agreement. Plaintiff seeks an order to enforce the settlement agreement under CCP 664.6. Plaintiff's prior motion was denied by the court, without prejudice for an insufficient showing that Defendant has refused to comply with the settlement terms. The settlement agreement relied on by Plaintiff provides that Defendant will convey her interest in the subject real property to Plaintiff in consideration for a payment of $4...
2021.04.29 Motion to Compel Further Responses 377
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.29
Excerpt: ...e verified responses to Form Interrogatory 12.1 to plaintiff's counsel no later than thirty days following the notice of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to request for production of documents nos. 1, 3, 9, 37-54, and 60-65 as detailed below. As to those document categories where the court has indicated that a further response is required, defendant General Motors shall provide full...
2021.04.29 Motion for Leave to File Amended Answer 731
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.29
Excerpt: ...were served on Plaintiffs' counsel by electronic mail on April 7, 2021. No opposition has been filed. Plaintiffs action asserts wage and hour violations against Defendant. Defendant proposes to assert additional affirmative defenses in its answer based on separation agreements executed by Plaintiffs. Defendant's proposed Cross-Complaint seeks affirmative relief based on the same purported agreements. Defendant has shown that Plaintiffs were aware...
2021.04.27 Motion to Compel Responses 475
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.04.27
Excerpt: ...nterrogatory 12.1 (2) To grant plaintiffs' motion to compel defendant General Motors, LLC's further response to production of documents nos. 1, 3, 9, 15, 16, 31, 33, 37, 37-57, 63 and 64. Defendant shall provide a further complete and verified response to this form interrogatory and this request for production of documents to plaintiffs' counsel within 30 days from the notice date for this ruling. FORM INTERROGATORY 12.1 Interrogatory 12.1 calls ...
2021.04.27 Demurrer, Motion to Strike 695
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.04.27
Excerpt: ...rs to Plaintiff's claims under his First and Fifth Causes of action asserting sick pay benefits are not wages recoverable under the Labor Code. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply t...
2021.04.27 Demurrer 895
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.04.27
Excerpt: ...fendant's employee. Defendant demurs to Plaintiff's Third Cause of Action for Intentional Infliction of Emotional Distress. Plaintiff opposes the demurrer. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does...
2021.04.22 Motion for Summary Judgment 753
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.22
Excerpt: ...o 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 the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of hi...
2021.04.22 Motion for Leave to File SAC 743
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.22
Excerpt: ... motion. The court has not received any opposition to this motion. On December 26, 2020, plaintiff Bob L. Sansom passed away. Plaintiff Loren Sansom, as the successor-in-interest of Mr. Sansom, now moves the court for leave to amend the complaint and convert the first cause of action for medical malpractice to a Survival Action for Medical Negligence brought by Loren Sansom. STANDARD OF REVIEW The court has discretion “in furtherance of justice...
2021.04.22 Motion to Compel Psychology and Neurology Independent Exam 522
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.22
Excerpt: ... to a mental examination by Deborah Crosswell, Ph.D. on April 29, 2021. Counsel shall coordinate the times and locations for these examinations. The court also directs that the provisions of CCP §2024.030 that set forth the time limitations to conduct expert discovery shall not apply as to Drs. Rubenstein and Crosswell. Defendants move this court for leave to conduct follow-up mental and physical examinations of the plaintiff Rey Moreno within t...
2021.04.22 Motion to Bifurcate Issues of Liability and Damages 830
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.22
Excerpt: ...s, and a Toyota owned and operated by plaintiff Norma Lopez de Barrera. The collision between these two vehicles was severe enough to tear the rear step off the tractor trailer and declare the Toyota to be a total loss. As a result of the accident, plaintiff sustained injuries to her head, neck, back, and extremities that required multiple spinal injections, chiropractic therapy, and a consultation with a neurosurgeon. Liability in this case is c...
2021.04.22 Motion to Compel Further Responses 451
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.22
Excerpt: ...rst inspection demand seek the following records and writings –including electronically stored information and e-mails – as to the following topics: • Any internal analysis or investigation that Honda conducted that involved electrical defects as to the 2018 Honda Accord (Item #16); • Honda's decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recalls for the 2018 Honda Accord (Item #18)...
2021.04.22 Motion to Set Aside Default Judgment 310
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.22
Excerpt: ...gh his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a breach of contract action that arises out of defendant Elia...
2021.04.20 Motion to Reopen Discovery for Limited Purpose 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.04.20
Excerpt: ...iana Paoli sustained when she was knocked to the ground while attempting to record a foot race conducted on June 20, 2017 during the time of the California League All Star game. The injuries that plaintiff claims to have sustained in this accident include a traumatic brain injury that has caused a decrease in cognitive skills, balance, vestibular system dysfunction, management skills, executive function, depression and anxiety. Subsequent to her ...
2021.04.20 Motion to Dismiss for Delay in Prosecution or to Quash Service of Process 172
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.04.20
Excerpt: ...kh Shamser Ali and AZ Transportation as defendants. At a Case Management Conference on October 22, 2020, defense counsel learned that defendant Ali had been served by substituted service as a “John Doe” on June 30, 2020, and the individual who received the plaintiff's summons and complaint advised the process server that Mr. Ali was “gone forever.” But Mr. Ali could not have been personally served (or served by substituted service) on Jun...
2021.04.15 Motions for Judgment on the Pleadings, to Dismiss Complaint, for Summary Judgment 205
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.15
Excerpt: ...ices' Motion for Judgment on the Pleadings; (2) To Grant Defendant Valley Careidence OPCO, LLC's Motion to Dismiss Plaintiff's Complaint; and (3) To Grant Defendant Abbas Hasnain, M.D.'s Motion for Summary Judgment. Plaintiff's action is for medical negligence based on allegations that Defendants' care and treatment of Plaintiff did not meet applicable standards of care. Plaintiff has been self-represented in this action since October 29, 2020. P...
2021.04.12 Motion to Compel Further Discovery Responses 600
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.04.12
Excerpt: ...nt General Motors shall provide the requested documents to plaintiff's first inspection demand to plaintiff's counsel no later than twenty days from the date of notice for this ruling. Defendant General Motors and its counsel Erskine Law Group APC shall also pay monetary sanctions to plaintiff's counsel under CCP §2031.310(h) in the amount of $1,060.00 no later than twenty days from the notice of this ruling. Plaintiff's first inspection demand ...
2021.04.12 Motion to Compel Compliance with Deposition Subpoena 991
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.04.12
Excerpt: ...sed against Alliance United Insurance Company and its Attorneys Daniels, Fine, Israel, Schonbuch and Lebovits, LLP. Alliance shall provide the requested documents and pay the imposed sanctions no later than thirty days from the notice of this ruling. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS On or about April 25, 2019, defendant Escamilla gave recorded statements to his insur...
2021.04.12 Demurrer 228
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.04.12
Excerpt: ...nt. Defendant demurs to both causes of action. Plaintiff's claims relate to sale by Defendant of a residence located in Tulare County. Plaintiff asserts the residence was a community property asset of the parties. In opposition to the demurrer, Plaintiff asserts there was an agreement between the parties as to sale of the property and disposition of the sale proceeds. Plaintiff asserts Defendant breached that agreement. Plaintiff's cause of actio...
2021.04.08 Motion for Summary Judgment 558
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.04.08
Excerpt: ...endant Daniel Brown, D.O. was dismissed from this action with prejudice. As a result of the dismissal, Defendant's motion for summary judgment is rendered moot. (2) Plaintiff brings a medical negligence action. Defendant Echeverria, P.A. moves for summary judgment asserting Plaintiff's action is untimely and that Defendant's care and treatment of Plaintiff met all applicable standards of care. Summary judgment is granted when no triable issue exi...
2021.04.06 Motion to Quash Subpoena for Production of Business Records 396
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.04.06
Excerpt: ...seling Services This is a guardianship proceeding. Petitioner is the maternal grandmother of Minor Josiah Edward Wilson. The court granted an ex parte order appointing petitioner as guardian on January 29. 20201. The court granted the petition and set the matter for a further hearing pursuant to Probate Code 2250 on March 1, 2021. At that hearing the court the court ordered investigations pursuant to Probate Code 1513(a) and (b), confirmed the te...

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