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1813 Results

Location: Tulare x
2023.06.15 Motion for Leave to Amend Answer 211
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ...Also on April 28, 2023, Defendants filed this motion to amend the answer to add defenses of statute of limitations and comparative fault of third parties. No opposition was filed to this motion. Authority and Analysis The Court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc., SS 473, 575.) Judicial policy favors resolution of all disputed matters between the parties and, th...
2023.06.15 Demurrer 750
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ... after falling over in his wheelchair on the basis of dangerous condition on public property, premises liability, negligence and other causes of action against Defendants City of Tulare and CRD Construction. The City cross-complained against Todd Holmes and CRD Construction. CRD in turn cross-complained as to Holmes Properties, LLC and Taylor Cement ("Taylor"). Relevant to this demurrer, Holmes Properties LLC then cross-complained against Taylor ...
2023.06.15 Demurrer 573
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ...emurring defendants, with leave to amend in accordance with the discussion below. Introduction Two of several defendants, the California Municipal Finance Authority (CMFA) and FortiFi, demurrer to plaintiff Raquel Cardenas-Mariscal's complaint alleging fraud in connection with a residential solar panel system transaction. Background Cardenas identifies herself as a 61-year-old Spanish-speaking woman, with a third-grade education level and with no...
2023.06.13 Motion to Strike 078
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.06.13
Excerpt: ...ts as to the managing agent issue. The motion to strike the amended complaint of Plaintiff as to pun-tive damages arises as a result of the Court's ruling on the motion to strike portions of the initial complaint. In the Court's March 14, 2023 ruling, it found that: "Plaintiff sufficiently alleges oppression. Oppression is defined above and Plaintiff alleges that Defendants knew that the room assigned to Plaintiff was infested with bed bugs prior...
2023.06.13 Motion to Quash, Demurrer 273
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.13
Excerpt: ... evidence at the hearing. (2) To overrule the demurrer; Defendant Ivonne Figueroa shall have five (5) days to file an answer; Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trustee's Deed upon Sale a...
2023.06.13 Motion to Compel Arbitration 913
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.13
Excerpt: ...take place no later than thirty (30) days from notice of this ruling; Plaintiffs to give notice. Plaintiffs have sued Defendants Jesus Renteria dba Jesse's Auto Sales ("Dealer" or "Seller"), Westlake Services, LLC dba Westlake Financial Services ('Assignee" or "Holder") for violations of the Consumer Legal Remedies Act, Business and Professions Code section 17200, and under Code of Civil Procedure sections 1281.97 and 1281.99 involving the purcha...
2023.06.08 Motion to Enforce Settlement 043
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.08
Excerpt: ...property damage to a vehicle insured by Plaintiff State Farm Mutual Automobile Insurance Company. Plaintiff filed its Complaint in this Court in 2010, alleging that as a direct and proximate result of the negligence of Defendant, damages resulted to Plaintiff's insured's vehicle. Plaintiff, under the policy, paid to its insured the sum of and became subrogated to that amount. Judgment was entered May 6, 2013 in favor of Plaintiff against Defendan...
2023.06.08 Motion to Compel Discovery, for Sanctions 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.08
Excerpt: ...filed its fourth amended complaint alleging causes of action for fraud, conspiracy, breach of contract and unfair competition against Defendant Rangel, amongst others. Plaintiff, on December 29, 2022, served Supplemental Interrogatories Set No. 1 and Supplemental Requests for Production of Documents, Set No. 1 on Defendant Rangel. Responses were due no later than February 7, 2023. As of the date of this motion, no responses have been received. Au...
2023.06.07 Motion to Stay Execution 513
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.07
Excerpt: ...he motion for the stay up to 40 days dependent upon the prepayment of per diem rent. In this unlawful detainer matter, the Court held trial and entered judgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the writ of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need ...
2023.06.06 Motion to Enforce Settlement 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.06
Excerpt: ...dant Mathew Gisler, on a of theories including breach of contract, unjust enrichment, account stated and book account for failure to perform certain services promised to Plaintiff and its clients. Defendant filed a cross- complaint for breach of contract and breach of implied covenant. On or December 27, 2022, Plaintiff filed a notice of conditional settlement with an expected dismissal of March 27, 2023. The Court notes this case has not been di...
2023.06.06 Motion to Amend Judgment, for Fees as to Collection of Judgment 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.06
Excerpt: ...r to this date. The Court is in receipt of the amended pleadings as to the motion to amend the judgment. Plaintiff, after a jury verdict in her favor and motion for attorneys' fees and costs, obtained judgment against Defendant Robert Hart, individually and as trustee of Diversified Management, a family trust, and against Defendant Diversified Management in the amount of $70,091.25 (the "Judgment") Plaintiff, in seeking to recover the Judgment, h...
2023.06.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.06
Excerpt: ...supplemental declarations as to notice period, lodestar information and current costs expended. On May 18, 2023, counsel submitted supplemental declarations addressing these issues. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objector opt out must file notce with the settlement administrator. Objections or opt out notces are now to be made wi...
2023.06.02 Motion to Stay Execution 513
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.02
Excerpt: ...udgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the wr-t of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need more time to find a place to move. Notice was provided to Plaintiff by telephone, but Plaintiff's response is not indicated. Plaintiff is represented in ...
2023.06.01 Motion to Stay, to Enforce Settlement 541
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...e and indicated that the parties agreed that Plaintiff will pay $1,000 each month to Defendant beginning April 1, 2023. Plaintiff filed a notice of conditional settlement April 8, 2022 indicating dismissal by July 22, 2022 "unless deployment interferes." No dismissal appears to have been filed. On February 28, 2023, Plaintiff filed an ex parte application to stay this action pursuant to 50 united States Code section 3932(b), as Plaintiff is an ac...
2023.06.01 Motion for Terminating Sanctions 295
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...ligence and premises liability case involving an explosion due to a propane leak at 38119 Balch Park Road Springville, CA 93265. ("Subject Property"). Defendant Farr Jr. is alleged to be the Subject Property's owner and operator. This matter was filed in 2021. Plaintiff is currently represented in pro per. On March 16, 2023, this Court granted Defendant Farr Jr.'s motions to compel discovery and to deem admissions admitted. The Court ordered resp...
2023.06.01 Motion for Judgment on the Pleadings 866
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...nt of $11,001.90. Defendant answered the complaint on February 8, 2023 with the following: "l agree that the amount of $11,001.90 is owed to Capital One Bank (USA), NA" and sought a payment plan to resolve this matter. On April 18, 2023, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the address indicated on Defend...
2023.06.01 Demurrer, Motion to Strike 559
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...n to strike as to the punitive damages claim moot; to deny the motion to strike as to the references to "felon;" (3) To deny the motion to permit judicial notice/adjudicate a motion to strike beyond the limitations in Code of Civil Procedure section 92. Facts Common to (1), (2) and (3) On February 1, 2023, Plaintiff Beams filed this limited civil action for conversion against Defendant Howard involving the refusal to return a vehicle valued at $7...
2023.06.01 Demurrer to FAC 070
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ... should be estopped from asserting a defense applicable to public entities as to three of six causes of action on the basis that "Even though defendant KAWEAH is a public entity, plaintiff was not aware of this fact when he was employed by defendant KAWEAH. Here, defendant KAWEAH did not inform plaintiff that it was a public entity and should be estopped from alleging that it is a public entity." (First Amended Complaint ("FAC") at 3:4-26.) Plain...
2023.05.30 Petition to Confirm Arbitration Award 643
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...4.72 against Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Re...
2023.05.30 Motion to Enforce Settlement 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...ts Advanced Mechanical Engineering Corp. ("AME") and Frank Hinojos Ill (collectively "Defendants") breached the Temporary Staffing Services Agreement ("TSSA") with Plaintiff Definitive Staffing Solutions, lnc ("Plaintiff" or "DSS") dated January 30, 2018, wherein DSS agreed via the TSSA to provide AME with temporary employees to assist with its industrial constructon business and pay employees provided, and AME agreed to pay DSS the amounts invoi...
2023.05.30 Motion to Consolidate 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...rtment 7. Plaintiffs Jeremy Andrew Hernandez, Nayeli Lopez Quezada, Xionna Hernandez And Kianna Hernandez, 80th Minors, by and through Nayeli Lopez Quezada ("Hernandez Plaintiffs") in VCU294376 move this Court to consolidate their case with VCLJ294488 on the basis that these cases involve the same multi-vehicle accident. The Hernandez Plaintiffs Matter - VCU294376 In the Hernandez Plaintiffs Matter, VCU294376, the Hernandez Plaintiffs have sued D...
2023.05.25 Motions for Summary Judgment, to Compel Depositions 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.25
Excerpt: ...le (VCT), Visalia Tile (VT) and American Ceramic Tile & Supply (ACT) alleging various wage and hour claims. Plaintiffs further allege defendants' business practices violated Business and Professions Code section 17200. Plaintiffs seek relief against all defendants on all their claims. Plaintiffs allege all defendants were each a "joint employer" of plaintiffs and, together, constitute a "joint enterprise," and are, therefore, jointly and severall...
2023.05.24 Motion to Vacate Entry of Default 783
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.05.24
Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...
2023.05.23 Petition to File Late Claim 286
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Excerpt: ...t the May 9, 2023 hearing, permitted a supplemental declaration by Plaintiff to be filed in support of this petition. The Court has reviewed the declaration and notes its contents below. Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (...
2023.05.23 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 034
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Excerpt: ...arris Road Springville, California 93265 ("Subject Property"), the Court held trial on May 16, 2023, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $3,896 to Plaintiff. The writ of possession was issued May 17, 2023. Defendant Scott now brings this ex parte motion to vacate the Court's judgment and stay execution of judgment. In support, Defendant states she did ...

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