1836 Results
2023.05.04 Motion to Stay 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...." ) As part of the purchase, Plaintiffs signed the Warranty Registration that confirmed they had the opportunity to review the Forest River, Inc. Limited Warranty as part of the purchase of the RV. (Hudler Decl. —Ex. B; Evans Decl.) Plaintiff's complaint confirms receipt of the express written warranty ("Limited Warranty") from Defendant Forest River. (Complaint at 2:19.) The Limited Warranty states, in the section entitled "Legal Remedies", p...
2023.05.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...23, Department 1, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $286,250) The gross settlement amount is $495,000. Plaintiff estimates approximately 148 proposed Class Members, providing an estimated average payout of $1,934.12 per member. The Class Members consist of: All individuals who are or were employed by Defendants as non-exempt employees in California during the period April 27, 2018, through March 31, 2023 Pla...
2023.05.04 Motion for Leave to File Complaint 610
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...ts to rental property located at 1089 Pioneer Ave, Porterville, CA (the "Subject Property") owned by Plaintiff's insured, Norma Avery. Plaintiff paid its insured approximately $77,000 to Ms. Avery and now seeks recovery from Defendants. On November 18, 2022, Defendants answered this complaint but did not file a cross-complaint. Defendants were represented in pro per at the time of the answer. On March 3, 2023, Defendants hired present counsel. De...
2023.05.04 Motion to Set Aside Dismissal and Enforce Settlement 869
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...hout prejudice but retains jurisdiction to enforce the settlement expressly under 664.6. The settlement reflects the same retention of jurisdiction and is signed by Plaintiff and Defendant. The settlement provides a principal amount of $21,810.02 due to Plaintiff. The parties agreed that Defendant's insurance carrier National General Insurance, was to pay Plaintiff $7,645.95, and Defendant was to pay Plaintiff a total of $14,164.07 by a $150.00 d...
2023.05.02 Petition to Confirm Arbitration Award 643
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...inst 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 Respondent...
2023.05.02 Motion to Enforce Stipulation 905
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Excerpt: ...cate the unit by April 7, 2022, plaintiff will vacate the judgment and file a dismissal with prejudice by April 19, 2022, or defendant may file an ex parte declaration to vacate judgment and dismiss this action with prejudice." The stipulation is signed by both parties and further contains a term indicating the Court shall retain jurisdiction to enforce the stipulation. The Court entered its order as to these terms on March 8, 2022. Defendant has...
2023.05.02 Motion to Confirm Sale of Real Property 266
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...d, a new offer was received and accepted and Plaintiff seeks an order confirming the sale under this new offer. On November 3, 2022, Plaintiff retained her current realtor, Hollis Fernandez, License No. 01794664, and listed the Subject Property for sale to the general public. Plaintiff's current realtor, after receiving no offers for a few months, recommended incremental decreases of the list price. This also considered the issues of inspection a...
2023.05.02 Demurrer 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ge Christiansen Aia doing business as Christiansen Group. On January 31, 2023, George Christiansen Aia doing business as Christiansen Group filed a cross-complaint against Kaweah, and other cross-defendants, for breach of contract and quantum meruit, amongst other causes of action not subject to demurrer. The cross-complaint seeks money damages against Kaweah. The cross-complaint arises out of the same contract for which Kaweah has sued Aia. Kawe...
2023.05.02 Demurrer 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ormance and breach of written agreement. Plaintiff alleges on August 30, 2022, Plaintiff, as buyer, and Defendants, as sellers, entered into a California Residential Purchase Agreement and Joint Escrow Instructions (the "Agreement"), pursuant to which Plaintiff agreed to purchase and Defendants agreed to sell for a total purchase price of $900,000.00 certain residential real property. However, on September 6, 2022, Plaintiff alleges Defendants, t...
2023.04.27 Motion for Judgment on the Pleadings 842
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...ough 13 admitted as follows: 1. YOU (as used herein, "YOU" shall refer to the above-named responding party (Defendant) applied for a credit card charge account with Plaintiff. 2. YOU received a Customer Agreement when YOU received the credit card with account number xxxxxxxxxxxx4599 3. The Agreement provided that by using the credit card, YOU agree to be bound by the terms therein. 4. YOU received a credit card with account number XXXXXXXXXXXX459...
2023.04.27 Demurrer, Motion to Strike 571
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...s to the second cause of action on behalf of the Adult Plaintiff without leave to amend; to sustain the demurrer as to the third cause of action without leave to amend as to both Plaintiffs; to sustain the demurrer to the fourth cause of action and fifth cause of action without leave to amend as to Defendant Childcare, the business entity of unknown form and sustains the demurrer asto Defendant Ramirez with leave to amend. Minor Plaintiff shall h...
2023.04.27 Motion for Relief from Entry of Default 211
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...mendariz and Ruby Valencia Chavez arising outof a motor vehicle accident that occurred December 13, 2019. On September 19, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service of the summons and complaint on Defendant Valencia was made on September 12, 2022, by personal service. On September 27, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service ...
2023.04.27 Motion for Summary Judgment 352
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...l Associates, Inc. or SROMA, and the later agreement that such services be #rformed by a different entity. SROMA was co-owned by Cross-Defendants Veena Ramsinghani, MD and Youssef Hanalla, MD, until approximately August 2020 when Dr. Ramsinghani retired and transferred her ownership interest to Dr. Hanalla. (LJMF Nos. 2, 45.) Moving Party Robert Havard, MD's initial relationship with SROMA and Drs. Ramsinghani and Hanalla included managing disput...
2023.04.26 Motion for Reconsideration 861
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...
2023.04.25 Petitions for Approval of Minor's Compromise 149
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.25
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.25
Excerpt: ...1) Facts re: Amended Petition of Marcellus Luque The Court notes it has reviewed the amended petition filed as to Marcellus Luque. The following is based upon the amended #tition and related documents filed April 12, 2023. Petitioner is Vanessa Siquina, the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 28, 201...
2023.04.24 Demurrer 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.24
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.24
Excerpt: .... On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendant Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8, 2023, granted the motion and ordered the posting of the summons, compla...
2023.04.20 Motion to Substitute Representative for Estate 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.20
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.20
Excerpt: ...t Troy Sibel for Intentional Misrepresentation, Suppression of Fact, Conspiracy, Breach of Written Contract, and unfair Competition. Defendant Troy Sibel was served and answered the operative complaint through counsel. Thereafter, Defendant Troy Sibel, on August 24, 2021, passed away. The Court then granted Defendant Troy Sibel's attorney of record to withdraw as counsel. Erica Sibel-Tharp, Troy Sibel's daughter, initiated the Nevada estate proce...
2023.04.20 Motion to Proceed Under Fictitious Name 348
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.20
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.20
Excerpt: ...of corroborative fact to remain under seal and confidential. "The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact (Code of Civil Procedure S 340.1, sub. (0).) The same ruling in this matter denied a motion to proceed under a fictious name because the Doe Defendant 1, School District had not yet been served and therefore could n...
2023.04.19 Motion to Vacate Judgment After Trial 503
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.19
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.19
Excerpt: ... indicated on Defendant's answer. The Court's April 17, 2023 minute order reflects that the case was called at 9:09 in Department 2 in Visalia. At that point, Defendant had not appeared. Based on Defendant's non-appearance, the Court struck her answer. Plaintiff proceeded with trial in Defendant's absence and the Court, after hearing testimony and argument, entered judgment in fawr of Plaintiff for possession and a total of $4,825 in past due ren...
2023.04.18 Motion to Terminate Arbitration 374
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...rsuant to an underlying arbitration agreement and stayed this case. (Declaration of Gutierrez 94 — Ex 2.) On September 9, 2019, Plaintiff submitted a Demand for Arbitration to Judicate West. (Declaration of Gutierrez '15 — Ex 3.) On October 10, 2019, Defendant ATS filed a Response to Plaintiff Reynosa's Demand for Arbitration. (Declaration of Guterrez "6 — Ex 4.) On December July 6, 2022, the arbitrator held a preliminary conference. (Decla...
2023.04.18 Motion to Compel Discovery of Financial Condition 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ... intoxicated and struck decedent on his motorcycle. (Declaration of Russell 92.) Defendant Robert Buhl is Defendant Bryan Buhl's father and co- owner of the van. (Declaration of Russell 94.) The complaint alleges causes of action for negligence, negligence per se, negligent entrustment and wrongful death. The prayer seeks punitive damages. After the complaint was filed, Defendant Bryan Buhl entered a nolo contendre plea for gross vehicular mansla...
2023.04.18 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 831
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...proval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 18, 2023. The Court finds and rules as follows: On March 22, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On January 4, 2023, the administrator received a mailing list of...
2023.04.18 Motion for Attorney Fees 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...mplaint of Plaintiff Lockhart Reality Group for malicious prosecution. Defendants Law Group, APLC, Babak Kheiri, Daniel Geoulla, Dmitry Karpov only (hereinafter "Defendants") now move the Court for recovery of attorneys' fees in the amount of $39,148.57 and costs in the amount of $2,288.27 pursuant to Code of Civil Procedure section 425.16(c)(1). The Court notes that Defendant Martinez has not filed a motion for fees or costs. Authority and Analy...
2023.04.18 Motion for Approval of PAGA Settlement 268
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...d Net Distribution: $75,000.) The gross settlement amount is $150,000. Plaintiff estimates approximately 182 aggrieved employees, consisting of "all individuals employed by Defendant in California as non-exempt employees at any time from the period of April 23, 2021, through the earlier of the date which the Court approves the Settlement or April 8, 2023." Plaintiff brings claims under the PAGA statute for violations of Labor Code sections 201, 2...
2023.04.17 Motions to Compel Further Responses 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Excerpt: ... Interrogatories as to Defendant CVT, LLC; (6) Special Interrogatories as to Defendant CVT, LLC; (7) Requests for Admissions as to Defendant CVT, LLC; and (8) Requests for Production of Documents as to Defendant CVT, LLC; and for sanctions against Defendant CVT, LLC and their counsel of record. Tentative Ruling: To find motions (1) through (8) moot as a result of Defendant's supplemental responses; to sanction Defendant, and its counsel of record...