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1337 Results

Location: Tulare x
2023.02.02 Motion to Compel Arbitration 698
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.02
Excerpt: ...rbitration and dismiss this matter on the basis of a signed arbitration agreement. Facts – Agreement to Arbitrate Defendants, in support of this motion, submit the declaration of its safety technician David Bernardi who personally handled the orientation process as to Plaintiff on January 28, 2022. (Declaration of Bernardi (“Bernardi Decl.”) ¶¶ 1,2.) On January 28, 2022, Mr. Bernardi provided various employment documents to Plaintiff, inc...
2023.02.02 Motion for Summary Judgment, Adjudication 500
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.02
Excerpt: ... Madrigal's Motion for Summary Judgment Plaintiff Burrell filed a single cause of action against individual defendant Abel Madrigal for (1) unlawful harassment on the basis of race under California Government Code §12940(j). Defendant Madrigal moves for summary judgment as to this cause of action, or, in the alternative, summary adjudication as to four issues that make up the elements of a prima facie case for harassment and the fifth for puniti...
2023.02.02 Motion for Summary Judgment, Adjudication 093
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.02
Excerpt: ...aye, sexually abused her during her fourth‐grade year at Summit Charter Academy‐Lombardi (Lombardi). Plaintiff additionally sues Lombardi, and the public‐school district of which it is a part, Burton Elementary School District (Burton). Plaintiff's first amended complaint includes first and second causes of action for assault and battery, as well as a fourth cause of action for intentional infliction of emotional distress, based on her abus...
2023.02.01 Motion to Enforce Settlement 701
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.01
Excerpt: ... The parties, on November 3, 2021, at the mandatory settlement conference, informed the Court they had reached a settlement, that the Court was to retain jurisdiction under Code of Civil Procedure section 664.6 to enforce the settlement. The material terms of the written settlement agreement, executed on November 2, 2021, appear to the Court as follows:  “1A $6,250 to be held in [Defendants' Counsel's] trust until issue of repairs is resolve...
2023.01.31 Motion to Seal Application to Proceed Under Fictitious Name and Grant Application 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.31
Excerpt: ...ves Plaintiff Jane Roe's complaint against the Apostolic Assembly of the Faith in Christ Jesus and Apostolic Assembly Church of Lindsay for negligence, negligent supervision, negligent hiring and negligent failure to warn, train, or educate resulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and its not over 40 years old when this action was commenced. On December 15,...
2023.01.30 Petition to Appoint Provisional Director 845
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ...Corporation. (Petition ¶¶ 1, 2, 3, 6.) The verified petition indicates Respondent James Paggi is Petitioner's brother, named RMO of the Corporation, is not individually licensed by the State Contractor's License Board. (Petition ¶¶ 4.) The Corporation's bylaws indicate the Corporation shall have a Board of Directors consisting of two members. (Petition ¶7.) Petitioner and Respondent currently hold those positions. (Petition ¶7.) Petitioner ...
2023.01.30 Motions for New Trial, for Leave to Amend Complaint, to Compel, for Protective Order, in Limine 229
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ... are denied. Touchstone's motion to compel further production of documents or, if applicable, further responses regarding Wonderful's inability to comply, is granted. Wonderful to provide further documents/responses within 30 days of notice of this ruling. Touchstone's motions to compel Wonderful to produce Noah Sa, Isidro Frias, Jose Frias, Augusto Ramirez, and Isidro Cortez for deposition, and to produce Todd Consolascio and Dave Szeflin for fu...
2023.01.30 Motion to Compel Arbitration 052
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ...arious California Labor Code violations on a class action basis as well as for civil penalties under PAGA against Defendants UBEO West, LLC, f/k/a RAY A. MORGAN COMPANY, LLC and RMC A RAY MORGAN COMPANY, LLC. Defendants seek to compel this matter to arbitration based upon an agreement to arbitrate presented to Plaintiff during his employment. Facts – Agreement to Arbitrate In support, Defendants present the declaration of its Regional Director ...
2023.01.30 Motion for Summary Judgment 548
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ... in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367, 381‐382.) Plaintiff alleges causes of action for “Discrimination, Retaliation, and Haras...
2023.01.30 Motion for Preliminary Approval of Settlement of Class Action and PAGA 851
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ..., providing an estimated average payout of $1,140.45 per member. The Class Members consist of: All current and former non‐exempt employees of Defendant in California who did not sign an arbitration agreement as of September 22, 2022 and worked for Defendant (“Settlement Class Members”) at any time during the period of July 19, 2017, through September 22, 2022 (“Class Period”). Plaintiff filed a complaint (“Complaint”) against Defend...
2023.01.30 Demurrer, Motion to Strike 813
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ... sections identified by the Court. Facts Common to (1) and (2) Plaintiff Henry Oney, through his guardian ad litem, sues Defendant Kaweah for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff alleges, at the age of 67, he was admitted to Def...
2023.01.30 Demurrer 094
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ...es not indicate Plaintiff's interest in the Subject Property, as no boxes are checked under Paragraph 4 of the complaint. The Complaint is based upon a three‐ day notice to pay rent or quit, attached to the Complaint. The Notice, however, only states the amount due and that the rent must be delivered in person to a specific address. The period for which the rent is due is unknown and the usual days and hours of availability are not stated. Defe...
2023.01.27 Motion to Vacate Default Judgment and Stay Execution of Judgment 502
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.27
Excerpt: ...) On November 16, 2022 the complaint was filed. On December 5, 2022, Plaintiff filed a proof of service indicating posting at the Subject Property and mailing service on Defendant occurred on December 2, 2022. On December 22, 2022, default judgment was entered and the writ of possession was issued on January 3, 2023. On January 25, 2023, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states ...
2023.01.26 Motion to Set Aside Default and Stay Execution 320
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.26
Excerpt: ...s plus interest and attorneys' fees of $522.50. The complaint was filed November 12, 2021. On March 25, 2022, Plaintiff filed a proof of service indicating substitute service as to David Ortiz, a purported co‐resident occurred on March 23, 2022 at 7:58 pm at 3224 East Cathie Court, Visalia, CA 93292. The proof of service was completed by a registered process server. The proof further indicates three attempts at service at the residence indicate...
2023.01.24 Motion to Compel Arbitration 065
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.24
Excerpt: ...dress this issue. The Court has integrated this supplemental briefing and analysis into this ruling. On or about September 4, 2020, plaintiff purchased a new 2019 Nissan Maxima VIN 1N4AA6AV4KC383429 (“Vehicle”) from a dealer pursuant to a retail installment sales contract (“RISC”). (Complaint ¶ 3.) The complaint alleges “Plaintiff delivered the nonconforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the term...
2023.01.24 Motion for Change of Venue 366
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.24
Excerpt: ...t states that “Venue is proper in this Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt ...
2023.01.23 Motion for Final Approval Class Action, Attorney Fees 451
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.23
Excerpt: ... 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 January 23, 2023. The Court finds and rules as follows: On December 30, 222, the settlement administrator ILYM Group, through its Case Manager, filed a declaration detailing the following events. On August 12, 2022, the administrator received a mailing list of 79 po...
2023.01.23 Motion for Change of Venue 288
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.23
Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...
2023.01.19 Motion for Summary Adjudication 858
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.19
Excerpt: ...ed) The Subject Property, however, included 2.48 acres on the eastern and northern portion containing equestrian facilities operated by Defendants Marily Reese and Sequoia Hills Stables, LLC pursuant to a life estate (“Life Estate.”) The scope of that Life Estate as to the exclusive use of a northern driveway is at issue here. Defendants contend that exclusive use of the northern driveway is reflected in the agreements and recording with Plai...
2023.01.19 Motion for Ruling on Issue Affecting Determination of Compensation 825
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.19
Excerpt: ...w by and through the High‐Speed Rail Authority (Authority)), commenced this proceeding in November 2017 “for the purpose of acquiring property necessary for high‐speed train system purposes …” pursuant to authorization under a 2017 Resolution of Necessity with respect to certain real property and interests described in the initial complaint. That original complaint provided (for the convenience of the court and parties, not as allegatio...
2023.01.12 Motion to Vacate Default Judgment and Stay Execution of Writ 468
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.12
Excerpt: ...This is an unlawful detainer matter involving 1435 North Crawford Avenue #E106 Dinuba , CA 93618 (“Subject Property.”) On November 4, 2022 the complaint was filed. On December 19, 2022, Plaintiff filed a proof of service indicating posting and mail service on Defendant Chavez occurred on November 5, 2022. On December 19, 2022, default judgment was entered for possession only and the writ of possession was issued. On January 11, 2023, Defendan...
2023.01.12 Application to Seal Portions of Administrative Record 990
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.12
Excerpt: ...er of the board of directors of Sierra View, challenges his “censure” by respondent Sierra View's board, which it issued after receiving a confidential complaint from Sierra View CEO, Donna Hefner, about comments made by Pandya that the board deemed offensive. Pandya challenges, by petition for writ of mandate, both the board's initial determination to issue the censure, and its affirmation of that determination following a board reconsiderat...
2023.01.10 Motions to Compel Further Responses 410
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ... award sanctions; (5) To grant the motion; Plaintiff shall have thirty (30) days from notice of this ruling to provide a statement of damages; Defendant shall give notice. Facts Common to All Motions This litigation arises from Plaintiff's allegation of negligence and premises liability against Defendant Lowes. Plaintiff claims Defendant is responsible for the injuries sustained when Plaintiff climbed and fell from a bay within Defendant's retail...
2023.01.10 Motion to Compel Arbitration 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ...d nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent and filed this case November 12, 2021. This matter is set for trial March 13, 2023. Plaintiffs allege Defendants knew, via the physical state of Decedent upon arrival, that Decedent was dependent on Defendant for all daily activities including “feeding and dietary planning, skin care, hygiene, infection cont...
2023.01.10 Motion to Compel Arbitration 065
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ...nforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the terms of the warranties. It is clear that NNA is unable to fix, remedy and/or repair the Vehicle to conform to the warranty. The multiple failed inspection and repair attempts have proven willfully unsuccessful in resolving the issues.” (Complaint ¶8.) Plaintiff brings causes of action for: (1) Violation of the Song‐Beverly Consumer Warranty Act ‐ Breach of ...

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