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1813 Results

Location: Tulare x
2022.05.17 Motion to Compel Deposition 277
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.17
Excerpt: ...has sued the County of Tulare, as well as multiple individually named Defendants, including Heriberto Martinez for failure to investigate and provide emergency responsive services. Plaintiff states that Defendant Martinez is the chief liability witness. Plaintiff mutually set the deposition approximately four times without success, including on April 5, 2022, where Defendant failed to appear at the deposition. In opposition, Defendant states he h...
2022.05.17 Demurrer 294
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.17
Excerpt: ... U.S.C. § 1985; 2) Deprivation of Civil Rights under 42 U.S.C. § 1983; 3) Deprivation of Civil Rights under State Code §§ 51 (Unruh Act) and 52.1; 4) Taxpayer Suit to Prevent the Illegal Expenditure of Funds (Code of Civ. Proc. 526a; 5) Failure to Take all Reasonable Steps to Prevent Discrimination; 6) Harassment and Hostile Environment; 7) Unlawful Retaliation: Labor Code § 1102.5 (Whistleblower Law); 8) Battery; 9) Assault; 10) Negligence;...
2022.05.13 Motion to Vacate Default Judgment, Stay Execution of Judgment 867
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.13
Excerpt: ... filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed this motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sec...
2022.05.13 Application to Set Aside Judgment and Default, Quash Writ of Possession 107
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.13
Excerpt: ...on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022 at 12:54 pm by substituted service on Jesus Hauracha “co‐resident,” ...
2022.05.10 Motion to Dismiss Appeal for Failure to Post Undertaking 718
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.10
Excerpt: ...ts appealed from the DLSE judgment to the Tulare Superior Court on February 9, 2018. Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377. Trial was in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on Apri...
2022.05.10 Motion for Relief from Default 710
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.05.10
Excerpt: ...ndant filed this motion April 5, 2022. The procedural history, Defendant's participation at various hearings and statements by the Court to Defendant are relevant to denial of this Motion. On November 9, 2021, Defendant, representing himself, attended the case management conference. Defendant told the Court at that time, he did not understand he had to file an answer. The Court advised him that he had not yet filed a response to the lawsuit. Spec...
2022.05.10 Motion for Relief from Default 612
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.05.10
Excerpt: ...r is an unlawful detainer action involving residential property located at 1090 Stonegate Cove Dr. #A, Porterville, CA 93257. Defendant Valdez was served via posting and mailing on April 5, 2022. The proof of service of this method of service was filed April 27, 2022. Default was entered as to Defendant Valdez on April 27, 2022. In support of this motion, Defendant Valdez's counsel has submitted a declaration that indicates that counsel contacted...
2022.05.10 Demurrers 770
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.10
Excerpt: ...Garcia), and Sumruld Garcia, Inc., identified in the complaint as a “family business.” Davis alleges the defendants issued a “bad check” from a Sumruld Garcia business account for sums allegedly agreed to be paid for legal services. Based on this allegation, Davis alleges a first cause of action for breach of contract, a second cause of action on various common counts, a third cause of action for fraud, and a fourth cause of action for ge...
2022.05.09 Petition for Writ of Mandate 992
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...n its appeal, JT2 challenged a Civil Wage and Penalty Assessment (CWPA) issued by the California Division of Labor Standards Enforcement (DLSE) based on JT2's alleged failure to pay its workers prevailing wage rates for work on a public works project. The hearing officer determined DLSE's assessment was incorrect in various respects, and the Director issued a decision modifying the assessment. JT2 challenges a limited part of the Director's decis...
2022.05.09 Motion for Summary Judgment, Adjudication 714
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...a load of lumber at Defendant and Cross‐Complainant Sierra Forrest Products. After loading the lumber, various tarps were placed on top of the truck. Plaintiff was then “instructed to drive his truck outside of the loading area to the front of the building before the straps and tarps were fully secured” and while Plaintiff “was adjusting one of the straps in preparation for securing the load, one of the heavy tarps fell off of the load an...
2022.05.09 Demurrer, Motion to Strike Attorney Fees, Punitive Damages, Other Allegations 839
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...ntiff shall have 10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. Facts Common to (1) and (2) This case arises from Mary Alice Hooper's (“Decedent”) death while a patient/resident at Linwo...
2022.05.09 Application for Amicus Curiae Brief 623
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...mplaint. Authority and Analysis In re Veterans' Industries, Inc. (1970) 8 Cal.App.3d 902, 924‐925 notes the following regarding amicus briefs at the trial court level: “It is sometimes observed that even though one's interest in the subject matter or the outcome of an action is insufficient to permit an intervention, such a person's rights had been adequately protected by his having been permitted to appear as an amicus curiae setting forth h...
2022.05.06 Demurrer 949
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.06
Excerpt: ...he rental market. On February 8, 2022, Plaintiff caused a “SIXTY DAY NOTICE TO QUIT (C.C., Sec. 1946.1)” to be served on Defendants, including Defendant Bothke (the “Notice.”) The Court notes the Notice is on a form indicating it was published in 2003. The Notice expressly states it is given pursuant to Civil Code section 1946.1. On April 20, 2022, Plaintiff filed this unlawful detainer complaint. Defendant Bothke now demurrers to the com...
2022.05.05 Petition for Minor's Compromise 831
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...
2022.05.05 Motion for Summary Judgment 877
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...
2022.05.03 Demurrer, Motion to Strike FAC 720
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.03
Excerpt: ... retaliation as to the allegations of “insurance fraud, waste of resources recruited pt base, privacy breach, civil rights violations, harassment.” Plaintiff shall have 10 days to amend this cause of action and these specific issues. The Court overrules the demurrer as to the second cause of action for retaliation as to the OSHA issue. This mirrors the Court's first ruling on demurrer. The Court overrules the demurrer as to the third through ...
2022.05.03 Demurrer 630
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.03
Excerpt: ...ions of Business and Professions Code section 17200, based on their purchase of a 2022 Honda Civic. On March 28, 2022, Defendants filed a demurrer to the fourth cause of action. Authority and Analysis A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. ...
2022.05.02 Motion to Enforce Settlement 751
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.02
Excerpt: ...ustee, appointing a successor trustee, dismissing the petition and retaining jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement attached to the order. The material terms at issue are found in section 4.1 of the Settlement Agreement. Pursuant thereto, Respondents shall pay Petitioners $750,000.00 in installments as follows: 1) 75% of the net proceeds of the sale of 20650 Agnes Lane, which “s...
2022.04.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.28
Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...
2022.04.26 Motion to Transfer and Coordinate or Consolidate, Request for Stay 168
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.26
Excerpt: ...r coordinating the actions under Code of Civil Procedure section 403 and further “order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.” (Code Civ. Proc. § 403.) Facts This matter involves two cases, one whose venue is Tulare and the other Merced. In or around June 2019, Plaintiff Victor Lopez (“Plaintiff”) was hired by Defendant Kulwant Gadri dba Gadri Farms (“Gadri”) as a driver. Pla...
2022.04.26 Motion for Preliminary Approval of Class Action Settlement and PAGA Settlement 006
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.26
Excerpt: ...are already on file with the court. The Court does grant the leave requested to file the First Amended Complaint and deems it filed as of the date of this hearing. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to May 31, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to May 31, 2022 at 8:30 a.m. in Depa...
2022.04.26 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 847
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.26
Excerpt: ...ward, LWDA payment and class certification for settlement purposes came on for hearing on April 26, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alternative address information for thos...
2022.04.25 Motions to Deem RFAs Admitted, for Sanctions 768
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.04.25
Excerpt: ...e of $3,104 in cash found in a black zippered back on the driver seat of a vehicle of a known drug dealer Alishia Seals. Claimant Anthony Pete Mayberry, Sr. was in the passenger seat of the vehicle. Law enforcement also recovered, during the search, a loaded firearm in Claimant's pocket and 18 grams of methamphetamine. Plaintiff People of the State of California initiated nonjudicial forfeiture proceedings as to the $3,104. Claimant filed a claim...
2022.04.21 Motion to Set Aside Entry of Default 470
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...
2022.04.21 Motion for Leave to File FAC 823
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...

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