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608 Results

Location: Tulare x
2021.02.25 Motion for Determination of Good Faith Settlement 526
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.25
Excerpt: ... good faith settlement. Defendant Dokken Engineering, Inc. objects to the settlement. In this action City of Dinuba seeks to recover from Seville Group and Dokken Engineering the amount of an arbitration award entered against it and in favor of Papich Construction, Inc. The City seeks to recover the sum of $3,700,000.00 plus fees and costs. The amount represents expenses incurred for dealing with underground utility lines which had to be moved fo...
2021.02.25 Demurrer 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.25
Excerpt: ...s order. Defendant demurs to the Third Cause of Action – for Conspiracy and to the Fifth Cause of Action – for Unfair Competition in Plaintiff's Third Amended Complaint. 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 proper...
2021.02.25 Demurrer 403
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.25
Excerpt: ...uired administrative remedies have been exhausted. Plaintiffs are the relatives of Albert Balderas, Jr., deceased. The decedent was a disabled individual who received services from Defendants Social Vocational Services, Inc. and Defendant Central Valley Regional Center, Inc. While on an outing with SVS, decedent was arrested for improperly touching a boy in a restroom. While in custody at the Tulare County pre-trial detention facility, decedent w...
2021.02.23 Petition for Writ of Mandate, Motion to Strike 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.23
Excerpt: ...to Petitioner's First Amended Petition for Writ of Mandate; and (2) To Grant the Motion by Touchstone Pistachio Company to Strike Portions of the First Amended Petition for Writ of Mandate, with leave to amend. Any amended petition should be filed and served within fourteen (14) days of this order. (1) Real Party in Interest (“Touchstone”) demurs to all causes of action asserted in the First Amended Petition for Writ of Mandate. Touchstone as...
2021.02.23 Demurrer, Motion to Strike 909
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.23
Excerpt: ...amended complaint must be filed and served within ten (10) days of this order. (2) To Deny Defendant's Motion To Strike Punitive Damages in Plaintiff's Complaint (1) In this lemon law action, Defendant demurs to Plaintiff's 3 rd, 5 th and 6 th Causes of Action. 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.) A...
2021.02.23 Application for Determination of Good Faith Settlement 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.23
Excerpt: ...he Motion by Defendant David Wilgus to Contest the Application for Determination of Good Faith Settlement. This action arises from an automobile accident occurring August 1, 2018. Plaintiff seeks recovery for injuries suffered as a passenger of one of the two vehicles involved in the accident. Defendants Feinstein and Wilgus were drivers of the vehicles. Feinstein has filed a Cross-Complaint against Wilgus for indemnification and apportionment of...
2021.02.22 Motion to Expunge Notice of Pendency of Action 134
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.22
Excerpt: ...it worthiness. Defendant's declaration confirms title was placed in her name. Nothing in Defendant's declaration disputes Plaintiff's contentions that he contributed equally to the down payment, renovation expenses, and maintenance expenses. Plaintiff also asserts he contributed equally to all mortgage payments. Under these circumstances, Plaintiff has adequately asserted a claim to an interest in real property under CCP 405.4. Exhibit “4” at...
2021.02.22 Demurrer, Motion to Deem Litigant Vexatious 959
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.22
Excerpt: ...ents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283752.) In both actions Foster Taft sought medical records from Defendant related to his father (and husband of Mary Taft). Both of those prior actions were disposed of after demurrers by Defendant were sustained without leave to amend. Plaintiff's action here repeats the same claims for medical recor...
2021.02.18 Motion to Compel Site Inspection 661
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.18
Excerpt: ... order on October 30, 2020. In the past, the parties have indicated the proposed depositions are dependent on site inspection results. The parties have endeavored to reach agreement for a further site inspection order. The parties' efforts have been unsuccessful. Plaintiff has submitted a proposal calling for testing of multiple wells and other sites on Defendant's property over a period of many months which Plaintiff claims is necessary to estab...
2021.02.18 Motion for Preliminary Approval of Class Action Settlement 913
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.18
Excerpt: ...y 18, 2021 to provide further information. Supplemental supporting documents were submitted on February 16, 2021 only 2 days before the hearing. Plaintiff has addressed a majority of the deficiencies noted by the court in its January 7, 2021 ruling. The court's remaining concerns are as follows: Plaintiff has provided information as requested about the net settlement and estimated distribution to class members. The estimated average distribution ...
2021.02.11 Motion for Summary Judgment 363
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.11
Excerpt: ... from Defendant's negligence in permitting an unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. This is Plaintiff's second effort seeking summary judgment. Her first motion was denied on February 13, 2020 almost a year prior to the current hearing. Defendant points out a myriad of procedural deficiencies in the moving papers, the majority of which are valid. The court, however...
2021.02.09 Demurrer 063
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.09
Excerpt: ...ed by the parties is precluded as a matter of law under Business and Professions Code 16600. B&P 16600 limits but does not totally bar non-solicitation agreements. Defendant has not shown that the agreement at issue here is precluded by the statute as a matter of law. Defendant has not shown that the agreement restricts Defendant from employment opportunities. Defendant has not shown that the agreement is unenforceable as a matter of law under Lo...
2021.02.09 Motion for Preliminary Approval of Class Action Settlement 839
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.09
Excerpt: ...r Tuesday, May 11, 2021 at 8:30 a.m. in Department 2. Plaintiff shall submit a revised proposed order with the correct department and judicial officer as well as providing for the final hearing date. The court initially heard the motion on October 21, 2019 and denied the motion outlining a number of deficiencies. The court finds Plaintiff's supplemental declarations filed on October 23, 2020 sufficiently address the court's concerns and to enable...
2021.02.09 Motion for Summary Judgment, Adjudication 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.09
Excerpt: ...Ruling: (1) To Grant the motion of Defendant Marriott Visalia for Summary Judgment; (2) to Deny the motion of Defendant Elmore Sports Group, Ltd. for Summary Judgment; (3) to Deny the motion of Defendant Inland Empire 66ers for Summary Judgment and to deny the alternative motion for summary adjudication as to all issues submitted; and (4) to Deny the motion of Defendant Taylor Dunn for Summary Judgment. Plaintiff asserts she was severely injured ...
2021.02.08 Motion for Summary Judgment 807
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.08
Excerpt: ...y of Tulare for improper maintenance of the intersection where the accident occurred (Plaintiff's Fifth Cause of Action). Defendant County of Tulare moves for summary judgment. In support of the motion, Defendant submits 19 material facts supported by evidence. Defendant's facts and evidence are sufficient to support Defendant's contentions that Plaintiff cannot show the intersection was improperly maintained or was in a dangerous condition at th...
2021.02.04 Motion to Compel Arbitration and Stay Action 803
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.04
Excerpt: ...serts Plaintiffs are required to arbitrate even though one of them is not a signatory to the agreement containing the arbitration clause under Felisilda v. FCA US LLC (2020) 53 Cal.App.5 th 486. Plaintiff asserts the case is not applicable because Plaintiff has dismissed all claims against the dealer and is pursuing only the manufacturer. At least one federal court agrees with Plaintiff's contention that Felisilda does not apply when pursuing onl...
2021.02.04 Motion for Sanctions, to Tax Costs 949
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.04
Excerpt: ...Plaintiff's Motion to Tax Costs. Defendant seeks monetary sanctions asserting Plaintiff continued to pursue frivolous pleadings after being advised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. The court finds Defendant's notice of the hearing on its motion for sanctions was statutorily compliant. Plaintiff's attempt to assert the motion was fatally deficient because the motion was heard on January 14, 2021 rather th...
2021.02.04 Motion for Final Approval of Class Action Settlement, for Attorneys' Fees 188
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.02.04
Excerpt: ... at 8:30 a.m. in Department 1. On August 27, 2020, the court granted preliminary approval of the class settlement entered between Plaintiffs and Defendants. The declaration from the settlement administrator shows that notice of the settlement was provided to 474 class members by mail on October 19, 2020. Twenty-nine notices were ultimately undeliverable. No requests for exclusion from the class were received. No objections to the settlement were ...
2021.02.02 Motion for Summary Judgment, Adjudication 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.02
Excerpt: ... approximately 12:45 a.m. on June 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant William Thornhill is also employed in a management capacity by a minor league baseball team, Defendant Lancaster Jethawks. Plaintiff asserts moving defendant was one of the organizers of the footrace. Plaintiff asserts a cause of action for negligence against Movant. Plaintiff ...
2021.02.02 Demurrer 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.02.02
Excerpt: ...he covenant of good faith and fair dealing, slander of title, and intentional interference with prospective economic relationship. The action relates to development of real property commonly known as 2948 and 2950 East Douglas Avenue, Visalia California and 1333 Lewis Lane, Tulare, California. Defendants demur to the sixth cause of action – for slander of title and to the seventh cause of action – for intentional interference with prospective...
2021.02.01 Motion for Summary Judgment, Adjudication 253
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.01
Excerpt: ...Judgment; and (2) To Deny the Motion by Defendant Buckman Mitchell, Inc. for Summary Judgment and to Deny the alternative motion for summary adjudication as to all issues submitted. "'"The standard for deciding a summary judgment motion is well-established, as is the standard of review on appeal." [Citation.] "A defendant moving for summary judgment has the burden of producing evidence showing that one or more elements of the plaintiff's cause of...
2021.02.01 Motion for Atorneys' Fees 484
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.02.01
Excerpt: ...ession of property was based on failure to comply with lease covenants other than payment of rent. Defendants opposed the action. Defendants unsuccessfully demurred to the complaint, filed answers, and propounded voluminous written discovery to which Plaintiff was required to respond. Only when the matter was called for trial on December 14, 2020, was the court advised that Defendants had vacated the subject property. Plaintiff asserts Defendants...
2021.01.26 Motion to Dismiss Action 446
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.26
Excerpt: ... to discovery. Notice of the motion appears to have been adequate. Plaintiff has not responded to the motion. Plaintiff's action has been pending for more than a year, since December 12, 2019. Plaintiff failed to respond to Defendants' written discovery propounded in February 2020. Plaintiff failed to respond to Defendants' initial motion to compel responses to discovery filed July 17, 2020. On August 17, 2020, the court adopted its tentative rul...
2021.01.26 Motion for Preliminary Approval of Class Action Settlement 364
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.26
Excerpt: ...liminary approval. The court reviews the motion with regard to the deficiencies previously noted by the court. Justification for installment funding Plaintiff has filed a supplemental declaration from Defendant which adequately supports the provision for installment funding of the settlement amount within 90 days. Enhancement awards to class representatives Plaintiff has not presented additional information to support the requested awards and ref...
2021.01.26 Demurrer 987
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.01.26
Excerpt: ...n should be filed and served within twenty (20) days of this order. Petitioner is self-represented. Notice of both demurrers appears to have been adequate. Petitioner has not filed a response to either demurrer. Petitioner's amended petition is unclear and improperly appears an attempt to add to rather than replace her initial pleading which was captioned as a “Motion for Judicial Review.” Taken together it appears the primary relief sought b...

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