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1813 Results

Location: Tulare x
2024.03.11 Motion for Final Approval of Class Action and PAGA Settlement 423
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.11
Excerpt: ...torneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 11, 2024. The Court finds and rules as follows: On February 9, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 23, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 5 8 2 p o t e n t ia l class members from Defendant's cou...
2024.03.11 Motion for Summary Judgment, Adjudication 839
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.11
Excerpt: ...r Abuse Act. Th e m o t io n for summary adjudication of the first cause of action, and as to plaintiffs' claims for punitive damages and enhanced remedies under the Elder Abuse Act, is granted. Plaintiffs Toni Northrop and Teri Hopper are the children and successors of Mary Hopper, who is deceased (hereinafter, the decedent). Plaintiffs allege four causes of action against defendants identified as Linwood Meadows Care Center and Snowdrop Holding...
2024.03.07 Motion to Vacate Entry of Default, Stay Execution of Writ of Possession 837
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.03.07
Excerpt: ...r Street, Porterville, CA 93257 (the “Subject Prope rt y”). On February 26, 2024, Plaintiff filed a proof of service indicating that law enforcement served Defendant Jorge Meza on February 20, 2024 via personal s e r v ic e . On February 27, 2024, default and default judgment for possession only was entered. The writ of possession issued the same day . On March 5, 2024, Defenant filed this ex parte application for relief from default and defa...
2024.03.07 Motion to Compel Arbitration 209
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.07
Excerpt: ...action only . On January 25, 2024, Defendant filed this motion to compel arbitration based upon an executed Arbitration Agreement, signed by Plaintiff on March 3, 2022 and stating : “Employee and Employer (collectively referred to as the “Parties”) understand and agree that any dispute arising out of or relating to Employee's employment, except for thos e disputes expressly excluded below, will be submitted to final and binding arbitrat...
2024.03.07 Motion for Preliminary Injunction 729
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.07
Excerpt: ...tgomery. Defendants are Tad Edwards and Melissa Barber. (First names are used herein to differentiate between the individuals and partnership. ) On or about December 13, 2021, Plaintiffs Bret and Anthony filed a verified complaint as to dissolution of the partnership alleging causes of action for breach of the partnership agreement, breach of fiduciary duty, for an accounting and for the appointment of a receiver . On or about September 12, 2022,...
2024.03.07 Demurrer, Motion to Strike 249
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.07
Excerpt: ...ke, with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint. Case Management Conference is continued to May 15, 2024; 8:30 am; D1. Facts Common to (1) and (2 ) On November 6, 2023, Plaintiff Juan “David” Corona (“Plaintiff”) filed his Complaint against Defendant Irish Electric Corporation (“Irish” or “Defendant”) for the following causes of action: (1) Failure to Pay Off -the -Clo c k Tim e ; (2 ) Fa i...
2024.03.05 Motions for Summary Judgment 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...as bitten by a dog owned by Defendant/ Cross - Defendant Gina Enriquez and Cross -Defendant Jesse Enriquez. The Enriquez parties and subject dog lived in a rental home at the time owned by former Defendants Norman Faucett and Martha Faucett, who have settled out of this case via a motion for good faith settlement . As to the moving Defendants and Cross -Complainants Southern California Edison and SCC Enterprises, the complaint alleges that they �...
2024.03.05 Motion for Summary Judgment 161
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...MF”) Nos. 1, 9. ) Pursuant to the direction of Defendant, Plaintiff disbursed the loan/ financed amount to Defendant by check, to Defendant's designated bank account or to a third party designee. (UMF Nos. 2, 10. ) Defendant agreed to be bound by the terms and conditions set forth in the Loan Agreement and, among other promises, promised to pay to Plaintiff the principal amount advanced and/ or financed along with the interest rate disclosed in...
2024.03.05 Motion for Relief from Default or to Stay 551
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...idential property located at 4954 Ave 308 Visalia, CA, 93291 (“Subject Property”) and was purportedly served on Defendants Miguel Abilia, Candida Alvarez and moving party Defendant Edgar Hernandez, in addition to all other occupants, by substitute service and mail on “Male over age 18 inside residence.” The proof of services are completed by a registered process server . On February 21, 2024, default and default judgment were entered for ...
2024.03.05 Motion for Final Approval of Class Action and PAGA Settlement 951
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...LWDA payment and class certification for settlement purposes came on for hearing on March 5, 2024. The Court finds and rules as follows: On February 8, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 2, 2023, the administrator received a mailing list of 230 potential class members from Defendant's counsel with names, contact information, social security numbers a...
2024.02.29 Motion to Set Default, for Entry of Default Judgment on Amended Complaint 125
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.29
Excerpt: ...'s motion for relief moot and places the cas e at issue and ready to set for trial; (2) To deny the motion. (1 ) Fa ct s P la in t if f f ile d t h e in it ia l c o m p la in t Ap r il 4 , 2 0 2 2 a n d s e r v e d D e fe n d a n t Is o d o r o Fernandez personally on July 11, 2022. Defendant Fernandez answered the complaint July 8, 2022 . Plaintiff filed an amended complaint June 16, 2023 . Plaintiff served Defendant with the amended complaint v...
2024.02.29 Motion to Enforce Settlement 473
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.29
Excerpt: ... and for sanctions against Defendant for an alleged breach of a settlement agreement entered into after mediation on November 17, 2023 . Plaintiff states “FCA is holding the settlement hostage by trying to add terms that were not agreed upon at mediation. FCA's conduct of (1) delaying the settlement to add terms not negotiated and/ or agreed upon at mediation; (2) refusing to honors (sic) it s obligations under the settlement; and (3) creating ...
2024.02.27 Motion for Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...tion (3) To deny the motion (1 ) Plaintiff Beth Hart's Motion for Attorneys' Fees (for September 28, 2023 through November 16, 2023) Fa ct s On June 27, 2023, this Court granted a motion by Plaintiff for attorneys' fees as to the collection of the judgment in the amount of $7,996.25 in fees and $2,029.50 in costs. This prior motion, filed May 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs ...
2024.02.27 Motion for Approval of PAGA Settlement 994
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...(“PAGA”) for violations of 1) unpaid wages, (2) unreimbursed expenses; (3) m e a l p e r io d v io lations, (4) rest period violations, (5) failure to pay all wages owed upon separation, (6) inaccurate wage statements, and (7) inaccurate records. The Court granted Defendants motion to compel arbitration as to the individual PAGA claims by Plaintiff and stayed the representative PAGA claims. The parties appear to have resolved this matter with...
2024.02.27 Petition for Relief from Claims Statute 121
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.02.27
Excerpt: ...ce that may be presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff'...
2024.02.27 Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...of care, Nelson also argues that Plaintiff f ailed to comply with the one -year statute of limitations under Code of Civil Procedure section 340.5 and cannot rely on section 474 as to naming of a Doe Defendant . Material Fact s On March 24, 2022, Plaintiff filed her complaint for a single count of negligence against a number of Defendants but did not name Nelson as a Defendant. (UMF No . 1 2 .) Plaintiff first presented to Defendant Nelson for tr...
2024.02.27 Motion to Compel Initial Responses, to Deem RFAs Admitted 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...) To grant the unopposed motion and order responses, without objections, no later than thirty (30) days from the date of this hearing; (4) To grant the unopposed motion and deem the Requests for Admissions, Set One, Nos. 1 through 40 admitted; to impose sanctions of $940 in favor of Cross - Defendant Zumalt and against Cross -Complainant Christiansen and counsel of record, jointly and severally, payable no later than thirty (30) days from the dat...
2024.02.27 Motion to File Complaint Nunc Pro Tunc 216
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...024, Plaintiff filed this motion for an order deeming the complaint filed August 11, 2023, nunc pro tunc . Plaintiff's counsel indicates that its office, on August 11, 2023, submitted the following documents to its e -filing provider: Request to Waive Court Fees FW - 0 0 1 ; Orde r on Court Fe e W aive r FW -003; Civil Case Cover Sheet; Summons; Co m p la in t – Personal Injur y, Prope rt y Damage , W rongful De at h PLD -PI -001, Cause of Acti...
2024.02.26 Motion to Tax Costs 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... as follows : $3,142.50 for nonpayment of minimum wage under Labor Code section 1194; $1,500 for nonpayment of overtime compensation under Labor Code section 1194; $4,275 for waiting time penalties for nonpayment of wages under Labor Code section 203; $7,500 for meal break violations under Labor Code sections 227.6 and 512; an d $1,950 for inaccurate wage statement violations under Labor Code section 226 . On November 2, 2023, this Court entered ...
2024.02.26 Motion for Summary Judgment 589
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... Forensic Medical Group, Inc. or Wellpath filed its motion for summary judgment. Defendant set the motion for June 10, 2024, after trial in this matter. The motion was served via email . On February 8, 2024, Defendant filed an ex parte motion to shorten the 30 day period before trial applicable to the hearing date or, alternatively, to continue trial . The Court notes that this ex parte motion argues that Defendant “acted promptly in attempting...
2024.02.26 Motion for Summary Judgment 469
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ...ivity under Code of Civil Procedure section 340.1 and/ or Government Code section 905 does not excuse the failure to exhaust in violation of the constitutional r e s t r ic t io n s o n g if t s o f p u b lic f u n d s , t h a t r e t r o a c t iv it y u n d e r Co d e o f Civ il Procedure section 340.1 and/ or Gover nment Code section 905 does not excuse the failure to exhaust in violation of federal due process and that retroactivity under Code...
2024.02.26 Motion for Reconsideration of Ruling on Demurrer 497
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ...entation requirements of the Government Tort Claims Act . On January 11, 2024, Plaintiff filed this motion for reconsideration on the basis that the operative amended complaint pled compliance via a general allegation under “Esparza v. Kaweah. ” Though Plaintiff does not identify where she alleges compliance, the Court notes that the seventh page of the complaint states “this complaint is in compliance with the ca tort claims act because I ...
2024.02.26 Motion for Preliminary Approval of Class Action and PAGA Settlement 562
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: .... Sufficiency of Amount of Settlement (Net Estimated: $420,000) The gross settlement amount is $750,000. Plaintiff estimates approximately 500 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All persons who worked for Defendants as non -exempt, hourly -paid employees in the State of California at any time from July 1, 2021 through October 31, 2023” The operative complaint a...
2024.02.26 Motion for Judgment on the Pleadings 483
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... installment sales contrac t for a vehicle, the sale of the vehicle and the difference between the sale price and the amount left over on the initial loan. Defendant answered the complaint on June 15, 2023 . On December 11, 2023, this Court granted Plaintiff's motion to deem admissions admitted as to Nos. 1 through 8 as follows : “1. You entered into the CONTRACT attached as Exhibit "A" . 2. That the CONTRACT was assigned to Plaintiff f...
2024.02.26 Demurrer 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... in t if f f ile d t h e Fir s t Am e n d e d Co m p la in t a lle g in g t w o t o r t - based causes of action against Defendants, and alleging that Plaintiff had filed a s im p le “c o m p la in t f o r m ” w it h t h e Fa r m e r s v ille P o lic e D e p a r t m e n t in 2 0 2 1 in satisfaction of th e tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance wit...

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