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1813 Results

Location: Tulare x
2024.01.09 Demurrer 296
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...but a different date of birth. (Complaint — Attachment.) Plaintiff alleges he tested positive for COVID-19 on July 20, 2022 and was sick for approximately 14 days. (Complaint — Attachment.) Plaintiff names the Deputy District Attorney, Kalina Laleva, as the sole defendant in this matter, alleging that Defendant Laleva, was the prosecuting attorney who caused the transfer to occur. (Complaint — Attachment.) Plaintiff's form complaint checks ...
2024.01.08 Motion to Set Aside or Vacate Renewal of Judgment 696
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...lawful detainer statutory scheme and then later amended and entered on January 26, 2015, to include past due rent, holdover damages, attorneys' fee and costs in the amount of $5,212.20. On May 7, 2015, a claim of exemption hearing was held regarding garnishment of Defendant's wages capped at $150 per month and attended, in person by Defendant. Evidently, the money judgment went unsatisfied. On March 28, 2023, Plaintiff filed an application to ren...
2024.01.08 Motion for Summary Judgment, Adjudication 251
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...by Anthony Longabordo on October 16, 2023. The Court's file contains no other opposition to this motion. The Court's file contains no reply brief. Material Facts The complaint initially filed in Case No. VCU285270 by Plaintiff Pacific Properties Sales & Management, Inc. seeks declaratory relief based upon a written document attached as Exhibit A to the complaint (the "Purported Lease.") (UMF Nos. 1, 2.) The real property to be conveyed under the ...
2024.01.08 Motion for Preliminary Approval 978
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...y to calculate the lodestar figure and information as to the presently incurred costs. Such supplemental documents were filed December 22, 2023. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notce with the settlement administrator. Objections or opt-out notices are to now to be made within 60 days. The Court regularl...
2024.01.08 Motion for Judgment on the Pleadings 042
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ... to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received periodic...
2024.01.08 Demurrer 497
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...lt Pretrial Facility. Plaintiff seeks $888 billion dollars in compensatory damages as well as a number of requests for injunctive relief to providing clean drinking water, firing certain employees, and other relief. Defendants demurrer on the basis that the complaint fails to allege compliance with the presentation requirements of the tort claims act and that they are immune under Government Code section 844.6. Authority and Analysis The purpose ...
2024.01.04 Motion to Set Aside Entry of Default 858
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.04
Excerpt: ...days from the date of this hearing. This is a collections case filed by Plaintiff for open book account against Defendant Bohde. Plaintiff filed a proof of service indicating personal service occurred on April 1, 2023 as to Defendant Bohde. Default was entered May 22, 2023. Default judgment was entered October 2, 2023. On November 13, 2023, Defendant, through counsel, filed this motion for relief from default judgment. Counsel has filed a declara...
2024.01.04 Motion for Assignment Order Re Coordination
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.04
Excerpt: ...tion 404 and rule 3.524, to determine if the two matters are complex and, if so, whether coordination is appropriate. The operative complaint in the first case filed, Mitchell v. Ray A. Morgan Company, LLC, et al., VCU292052 (the "Mitchell Case"), filed November 17, 2021, contained both class acton and PAGA claims and was initially filed in Los Angeles County and designated complex by the Los Angeles Superior Court. The parties in this matter sti...
2024.01.04 Demurrer, Motion to Strike 992
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.04
Excerpt: ...") was purchased from GM's authorized dealer. (Third Amended Complaint ("TAC") Plaintiff further alleges the Subject Vehicle was manufactured with a defective transmission. (TAC 923.) "GM knew since prior to Plaintiff purchasing the Subject Vehicle, that the 2021 Chevrolet Silverado 1500 vehicles equipped with the same transmission are defective, contained one or more defect(s) to the transmission which may result in hesitation on acceleration, l...
2024.01.03 Motion to Vacate Judgment After Trial, Stay Execution of Judgment 985
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.03
Excerpt: ...3 and provided the address of "30990 Hwy 190 Porterville, CA 93257" which appears to be the same address of the property at issue in this matter "30990 Highway 190, White Cabin, Porterville, CA 93257." The Court held trial on December 12, 2023 and granted judgment for possession and $3,675 for Plaintiff. Defendant did not appear at trial. The writ of executon was issued on December 12, 2023. Defendant Cribbs states brings this motion under Civil ...
2024.01.02 Motion to Compel Initial Responses, Deem RFAs Admitted 961
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.02
Excerpt: ...ne on Defendant Tovar via overnight delivery. This motion was filed December 28, 2023. No responses has been received as of the date of filing of this moton. Trial is set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. Authority and Analysis Responses to interrogatories and requests for admissions are due within five days after service. (Code Civ. Proc. SS 2030.260(b), 2033.250(b).) Ser...
2024.01.02 Motion to Permit Filing of Concise Outlines in Lieu of Separate Statements 835
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.02
Excerpt: ...e appointment of a shared cost discovery referee. This is a wrongful death and negligence case involving a pedestrian being struck by a motor vehicle operated by Defendant Santana. On November 29, 2023, Defendant City of Dinuba filed an ex parte application seeking permission to file concise statements of disputed discovery as to four (4) anticipated motions to compel further discovery served on Plaintiffs. The Court set this motion for hearing. ...
2024.01.02 Motion to Set Aside Default Judgment 404
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.02
Excerpt: ...fendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA and indicating a registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Packing, Inc. filed on August ...
2023.12.28 Motion for Trial Preference 701
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.28
Excerpt: ...for trial preference under Code of Civil Procedure section 36 and initially sought to have trial set in six months from this hearing. No opposition has been filed to this motion. The reply now indicates the preferred trial date is in August 2024. Authority and Analysis Code of Civil Procedure section 36(b) specifically provides: "A civil achon to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion...
2023.12.28 Demurrer 817
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.28
Excerpt: ...ally, no statement of compliance with Tort Claims Act as to the timely presentation of this presumed tort claim has been stated on the form complaint utilized. Defendant has demurred to the complaint on these grounds. Authority and Analysis The purpose of a demurrer is to test whether a complaint "states facts sufficient to constitute a cause of action upon which relief may be based." (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To state a ca...
2023.12.22 Motion to Withdraw, for Removal as Attorney of Record 272
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.22
Excerpt: .... Nelson were substituted as counsel June 19, 2017. Parties appeared on July 27, 2017. Petitioner's counsel sought a continuance of the petition, which the Court denied and took the matter off calendar. Since that appearance, no action has been taken on this matter. On October 30, 2023, the Court set an OSC re: lack of prosecution and for sanctions addressed to: "ANGELICA ANGUIANO LAW OFFICES OF MARK S. NELSON 215 MCHENRY AVE MODESTO, CA 95355" C...
2023.12.18 Motion to Compel Production of Docs 752
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.18
Excerpt: ...on's (Boston) moton for a protective order concerning this same subpoena. The court deemed Boston's request for an absolute bar against further discovery overbroad. Because the background of this discovery dispute was covered during the prior motion, it is not fully recounted again here. With the motion now at issue, the court is occasioned to determine a significantly narrower matter than the blanket discovery bar presented by Boston's motion. H...
2023.12.14 Motion for Summary Judgment 240
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.14
Excerpt: ...(IJMF No. 2.) Plaintiff alleges Defendant breached the standard of care in (1) his treatment of Plaintiff by refusing to admit her when she presented to the emergency department; (2) in his treatment of her when she was admitted; (3) by refusing to care for her after she was admitted; and (4) when he discharged her after concluding treatment. (IJMF No. 3.) Defendant submits that his expert, Scott P. Serden, M.D, based on his knowledge, education,...
2023.12.12 Special Motion to Strike 093
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.12
Excerpt: ... involve litigation of custody and visitation involving their two minor children. The court takes judicial notice that there has been substantial litigation activity in the family law case. Jonda and Jennifer Salmon were once long-time friends. Now they are not. Jennifer Salmon and Vernon Avila are now friends. On April 21, 2023, Jonda wentto Vernon's home and Jennifer was there. Jonda maintains that Vernon had refused to take their children to s...
2023.12.12 Motion to File Complaint 312
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.12.12
Excerpt: ...mplaint for negligence involving a motor vehicle accident between Plaintiffs and Defendants Kelley and T & T Trucking and Crane (really Offshore Crane and Service Co. dba T&T Truck and Crane Service.) Plaintiffs allege that Defendant Kelley operated a tractor trailer owned by Defendant Offshore which crossed into Plaintiffs' lane too close to Plaintiffs and without suffic:ient speed or acceleration, causing Plaintiffs to steer their vehicle to th...
2023.12.12 Motion for Summary Judgment 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.12
Excerpt: ...matter pursuant to this continuance. Undisputed Material Facts Plaintiffs April Franks, Gary Franks, Jr., and Jessica Alvarez ("Plaintiffs") allege Defendants Julia Nagle, P.A. and CEP America-California ("Defendants") provided negligent medical care to Plaintiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on Jan...
2023.12.12 Motion for Preliminary Approval of PAGA and Class Action Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.12
Excerpt: ... and information as to the presently incurred costs. On December 1, 2023, Plaintiff's counsel filed additional declarations as to these issues. Attorneys' Fees and Costs Attorneys' fees of 35% of the gross settlement fund of $585,000 or $204,750 and costs not to exceed $20,000 are sought by Plaintiff's counsel. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonab...
2023.12.11 Motion to Stay Writ of Possession 140
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.11
Excerpt: ...herein judgment was entered for possession only. The writ of possession was issued December 5, 2023. Defendant, on December 7, 2023, filed this ex parte motion to stay the execution of the writ of possession. Defendant states, as to hardship, one son living with her, zero monthly income (employment pending) and appears to state that she did not receive notice of the trial because the landlord has locked her mail and that she was in the hospital f...
2023.12.11 Motion for Coordination and Transfer of Case 895
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.11
Excerpt: ...ornia. There were approximately 36 passengers on the bus. Including this complaint, at least two others have been filed in Tulare County under Case No. VCLJ297757 (Plaintiff Fernando Murillo), and Case No. VCU295678 (Plaintiff Satnam Singh.). (Declaration of Waghalter 92.) Additionally, another Plaintiff, Rebecca McCormick, has filed a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.)...
2023.12.11 Motion for Attorney Fees 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.11
Excerpt: ...; (ii) failure to provide meal periods and paid rest breaks; (iii) failure to pay all overtime hours worked; (iv) failure to timely pay wages; (v) failure to provide accurate itemized wage statements; (vi) unfair competition; and (vii) willful misclassification. On March 7, 2022, an amended complaint was filed adding Plaintiff Gonzalo Silva as a party, but leaving unchanged the allegation that the wage and hour violations occurred when CVT had pl...

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