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433 Results

Location: Tulare x
2020.06.30 Demurrer, Motion to Strike 794
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.06.30
Excerpt: ...o the request for attorneys' fees in Plaintiff's Fifth Cause of Action; and to grant the motion as to Plaintiff's request for treble damages under CCP 340.1(b)(1). Plaintiff's Request for Judicial Notice is denied as to requests numbered 1 through 4 and granted as to request number 5. (1) For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also ...
2020.06.30 Motion for Summary Judgment 548
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.06.30
Excerpt: ...r notice of this motion. There has been no response to this motion OPERATIVE FACTS Plaintiff's complaint alleges causes of action for Financial Elder Abuse, Fraud, Conversion, Constructive Trust, and Probate Code §850. Plaintiff John C. Hart (John) is the Conservator of the Estate of James Guinn Hart. (James) Sometime in 2014, James suffered a stroke to the extent that he suffered from slurred speech and unable to walk. This stroke also diminish...
2020.06.25 Motion for Summary Judgment, Adjudication 006
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.06.25
Excerpt: ...st Cause of Action); and (3) to continue the hearing on the alternative motion as to Plaintiff's claims for product liability (Plaintiff's Second Cause of Action) to August 20, 2020 at 8:30 a.m. in Department 1. In the event oral argument is requested, CourtCall Appearances are permitted. Plaintiff alleges she suffered injury on or about April 15, 2017 as a result of an elevator malfunction. At the time of the accident, Plaintiff was an employee ...
2020.06.22 Motion for Summary Judgment 543
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.06.22
Excerpt: ...of filing for the plaintiff's complaint, and first, second, and third amended complaints for this present action. Except for orders from the Court that appear in the Court's file for this case, the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont G...
2020.06.18 Motion for Preliminary Approval of Class Action Settlement 188
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.06.18
Excerpt: ...noticed for hearing on April 16, 2020. The hearing was continued by the court pursuant to emergency orders to June 18, 2020. Prior to preliminary approval, the court is required to make a merits evaluation of the settlement terms. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs have submitted information including an explanation that damage estimates utilized by Plaintiffs in c...
2020.06.16 Motion for Summary Judgment, Adjudication 774
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.06.16
Excerpt: ...endants' motion was filed April 22, 2020 while emergency orders were in place. Proof of service in the file indicates notice of the motion was adequate. No substantive response to the motion has been filed. On June 12, 2020 plaintiff filed an “opposition” that simply stated she wished to be heard on this matter. The court will accept this response as a request for oral argument. Defendants seek summary judgment or summary adjudication as to f...
2020.06.11 Motion for Summary Adjudication 522
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.06.11
Excerpt: ...r 17, 2019 and originally noticed for hearing on March 5, 2020. Hearing on the motion was continued by stipulation of the parties to June 11, 2020. Defendants' seek summary adjudication of Plaintiff's negligent hiring, training, supervision and entrustment claims asserted within the Second Cause of Action to Plaintiff's Complaint. Plaintiff opposes the motion. Plaintiff's evidentiary objections to portions of deposition transcripts numbered 1 thr...
2020.06.09 Motion to Compel Further Responses, Request for Sanctions 964
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.06.09
Excerpt: ...lerk of the court within ten days from the notice of these motions. Plaintiff is having two motions heard on this date and has only paid one filing fee. Proper notice was given to the defendant at the address stated in his answer to the plaintiff's complaint. There has been no response to these motions. Plaintiff's motion is denied because it is procedurally defective. California Rule of Court 3.1345(a) mandates in relevant part that “Any motio...
2020.06.04 Pre-Trial Motion Re Evidence 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.06.04
Excerpt: ... admissible under CCP 2025.620. Grievance hearing testimony of Gary Kupfer, Mary Ann Cantu or Maggie Pruneda is not admissible under CCP 2025.620. The Position Statement by County of Tulare at the prior grievance hearing is not admissible under CCP 2025.620. Plaintiff seeks to utilize at trial eleven (11) of Defendants' videotaped depositions and/or prior sworn testimony (transcripts and/or audio recordings) from a grievance hearing in lieu of ca...
2020.06.04 Motion to Quash Deposition Subpoena for Production of Business Records 661
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.06.04
Excerpt: ...f Business Records of Wood Rogers; (2) To grant plaintiff City of Corcoran's Motion to Quash Deposition Subpoena for Production of Business Records of Jean E. Moran Jean E. Moran and Wood Rogers are consultants that plaintiff City of Corcoran retained to evaluate the nature and extent that the defendants contaminated the City's drinking wells. The deadline for the parties to designate their retained experts has not yet arisen and as such there ha...
2020.06.02 Motion for Leave to Amend Complaint 363
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.06.02
Excerpt: ...Compel Plaintiff to Appear for Further Deposition and to order Plaintiff to appear for further deposition at a date, time, and location agreed to by the parties. Plaintiff shall pay to Defendant the sum of $500.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. (1) Plaintiff's motion was noticed for hearing on March 26, 2020. The motion was continued by the court pursuant to emergency orders to June 2, 2020. Proo...
2020.06.01 Motion for Summary Judgment 584
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.06.01
Excerpt: ... for strict liability, negligence, and breach of warranty (Plaintiff's FAC) related to Defendant's manufacture of the trailer. Defendant asserts Plaintiff was injured while working as an employee of an ag labor contractor and as a “special employee” of Defendant harvesting pistachios. The farm labor contractor made Plaintiff available for work with Defendant. Defendant asserts it is entitled to summary judgment as workers' compensation is the...
2020.06.01 Demurrer, Motion to Strike and Dismiss Action 666
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.06.01
Excerpt: ...and (2) to Deny Defendants' Motion to Strike Plaintiff's Pleadings as moot and to Deny Defendant's Motion to Dismiss the Action. (1) Plaintiff has filed a number of amended pleadings. Defendants Demur to the operative First Amended Complaint filed November 18, 2019. Plaintiff purports to assert nine causes of action. All are only stated by their title (i.e. “Fraudulent Conveyance, Fraud, etc.”) in the judicial council form complaint. Plaintif...
2020.06.01 Motion to Quash, Modify, or Limit Civil Subpoena 284
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.06.01
Excerpt: ... ruling. This matter involves a civil subpoena served on the employer of one of the parties to an unmarried cohabitation between the parties that ran from April 1979 until May of 2018. In this action, plaintiff Alicia Moreles asserts a right to one-half of the properties accumulated during their relationship and support in the monthly amount of $1,500.00 The subject of this subpoena is for all employment records from defendant's employer Blain Fa...
2020.06.01 Motion to Impose Contempt Sanctions 735
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.06.01
Excerpt: ...t, Inc. shall pay to plaintiff's counsel the amount of $2,010.00 within twenty days from the notice of this ruling. The court also directs defendant Porterville Convalescent, Inc. to appear at an order to show cause re: contempt for the failure to comply with this court's January 13, 2020 order on June 11, 2020 at 8:30 am in Department 2 of this Court. All parties have been given proper notice of this matter. There has been no response to this mo...
2020.06.01 Motion to Set Aside Default 534
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2020.06.01
Excerpt: ...is case involves the disposition of real property owned by a dissolved partnership that consisted of the plaintiff and defendants. During the course of negotiations to either partition this property or for plaintiff to sell his interest in this property to the defendants, the parties raised the possibility of resolving this case through mediation. Plaintiff's counsel wrote to the defendant's counsel on January 14, 2020 to confirm that the possibi...
2020.05.29 Motion to Intervene 104
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.05.29
Excerpt: ...tes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutsch...
2020.05.29 Motion to Dismiss for Failure to Comply with Court Order 859
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.05.29
Excerpt: ...h the court) sufficiently complies with the court's order that the plaintiff post a $5,000.00 undertaking with the court. See CCP 995.710(a)(1). This check was deposited with the court on February 27, 2020 – the same day that defendant filed its motion to dismiss. As to whether plaintiff's case should be dismissed for failure to post a bond within the 30-day period identified in CCP §1030(d), the court finds that Hertz v. Superior Ct. (1917) 3...
2020.05.29 Demurrer 898
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.05.29
Excerpt: ...omplaint. Defendants' demurrer to plaintiffs' third cause of action is overruled. OPERATIVE FACTS Plaintiff Andrew Border is a sound engineer who does business as plaintiff ASB Soundworks, LLC. Up to and through October of 2019, plaintiffs provided sound equipment and engineering services for the Fox Theatre in Visalia. Defendant Escobedo became the manager of the Fox Theatre in 2019. In 2016, the Board of Directors at the Fox approved the plaint...
2020.05.29 Demurrer 694
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.05.29
Excerpt: ... of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the ...
2020.05.29 Demurrer 692
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.05.29
Excerpt: ...lia attempting to purchase dog food. Plaintiff was waiting in the only check-out line that was open at the time of the incident when a woman behind him in line accused him of being a sex- offender. Plaintiff was forcibly directed to another cash register by another employee, who stated that the woman behind him “was afraid of you.” Plaintiff completed his purchase while being monitored by the employee, and then this employee directed the plai...
2020.05.28 Motion for Summary Judgment 743
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2020.05.28
Excerpt: ...0 mph. Mr. Sansom was able to ambulate on his own at the scene of the accident. Mr. Sansom was brought to the Kaweah Delta Medical Center Emergency Room at approximately 12:25 pm that same day. Defendant Nichole S. Atherton was the admitting physician at the KDHC Emergency Room at the time that Mr. Sansom arrived there. On May 24, 2018 at 4:54 p.m., an addendum authored by KDHC resident Aashini Shah noted that as to Mr. Sansom that “[w]hen righ...
2020.05.26 Motion for Summary Judgment, Adjudication 389
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.05.26
Excerpt: ... 12. No documents appear to have been filed in this action since the MSJ was filed on March 4. The complaint was filed on July 9, 2019. Ms. Munoz represents Plaintiff. Defendant Cottonwood Containers answered by general denial on August 22, 2019. Mr. Stringham represents Cottonwood Containers. The other named Defendant, NOW Manufacturing, LLC, has been dismissed. A court trial is set for June 29, 2020 with a 2-day estimate. An April 23 early sett...
2020.05.21 Motion for Judgment on the Pleadings 148
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2020.05.21
Excerpt: ...rected to appear by CourtCall. Defendant's motion was filed on March 23, 2020 and noticed for hearing on May 12, 2020. Proof of service in the file indicates notice of the motion was adequate. As of May 15, 2020, no response to the motion has been processed. Plaintiff asserts he suffered injuries in a vehicle accident involving a vehicle owned by Defendant H and B Truck Lines, Canal Insurance Company's insured. The accident is alleged to have occ...
2020.04.14 Motion for New Trial or for Additur 267
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2020.04.14
Excerpt: ...ry 2020. The jury deliberated for several hours before returning its verdict. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury cl...

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