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1813 Results

Location: Tulare x
2023.12.07 Motion for Final Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.07
Excerpt: ...ent purposes came on for hearing on December 7, 2023. The Court finds and rules as follows: On November 13, 2023, the settlement administrator IYLM Group, through its Case Manager, filed a declaration detailing the following events. On June 30, 2023, the administrator received a mailing list of 157 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On Augu...
2023.12.07 Demurrer, Motion to Strike Punitive Damages 930
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.07
Excerpt: ... located at 1114 Martin Luther King Jr Ave., Unit 1114B, Tulare, California 93274 ("Subject Property") resulting in a bed bug infestation. Plaintiffs allege eight causes of action, including, relevant here, the seventh cause of action for violation of Business and Professions Code 17200 and for punitive damages. The complaint alleges that around December 2022, Plaintiffs rented and moved into the Subject Property and immediately notified Defendan...
2023.12.05 Motion to Compel Deposition 877
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...ation of Labor Code section 6310. On May 10, 2023 and June 5, 2023, Defendant communicated with Plaintiff, through counsel, as to Plaintiff's availability for deposition. No response as to Plaintiff's availability for deposition was received. On August 10, 2023, Plaintiff was served with a notice of deposition, setting the deposition September 13, 2023 at 9:00 am. Plaintiff's response indicated a lack of availability for that date and a request t...
2023.12.05 Motion to Compel Arbitration 239
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...ngs, LLC dba Westgate Gardens Care Center ("Defendant Westgate") and Providence Administrative Consulting Services, Inc.'s ("Defendant Providence") skilled nursing facility. Plaintiff David Jones, through Linda, brings a causes of achon for violation of the Elder and Dependent Adult Civil Protection Act, for negligence and willful misconduct, and for violation of the Patent's Bill of Rights. Plaintiffs Linda and Lindsay Jones individually bring a...
2023.12.05 Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...of care, these moving defendants also argue that Plaintiff added them to this achon beyond the permissible statute of limitations under Code of Civil Procedure section 340.5. Material Facts On March 24, 2022, Plaintiff filed her Complaint in Tulare County Superior Court alleging one cause of action for Negligence against Adventist Health Tulare; Matthew Tate, P.A.; and William R. Burge, M.D. (Undisputed Material Fact ("UMF") Nos. 1:1, 1:15.) (The...
2023.12.05 Motion for Leave to Amend, to Strike 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...departments and employees as defendants (collectively, the "State Defendants") in the First Amended Complaint: 1. The Department of Justice (DO]), Attorney General Rob Bonta, Supervising Deputy Attorney General (SDAG) Andrew Steinheimer and Deputy Attorney General (DAG) Anahita Crawford; 2. The Medical Board of California (Medical Board or MBC); 3. The Department of Consumer Affairs (DCA), Investigator Ryan Blonein and Investigator Jorrell Abutin...
2023.12.05 Demurrer 379
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ... and Golden Valley Properties, Dina Flores and Luis Flores (collectively "Flores" ) The Flores demurrer to each cause of achon for failure allege suffcient facts to state a cause of action and for uncertainty. The Woods filed a demurrer joining the Flores demurrer. Second through Tenth Causes of Action Though Defendants collectively demurrer to all ten causes of action in Flores' notice of demurrer, the Court notes at the outset that Defendants F...
2023.12.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 978
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.04
Excerpt: ...posed Class Members, providing an average proposed payout of The Class Members consist of: All current and former nonexempt California employees of Saputo employed at any tme from May 27, 2015 through and including March 30, 2023. On May 27, 2020, Plaintiff filed a class action against Saputo. This case was removed July 24, 2020. On August 5, 2020, Plaintiff filed a PAGA action which was stayed pending resolution of the class acton. (Case No. VCU...
2023.12.04 Demurrer to SAC 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.04
Excerpt: ...2.112. On July 14, 2023, Plaintiff filed the First Amended Complaint alleging two tort-based causes of action against Defendants, and alleging that Plaintiff had filed a simple "complaint form" with the Farmersville Police Department in 2021 in satisfaction of the tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance with the presentation of tort claims requirements....
2023.12.04 Demurrer 765
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.04
Excerpt: ...y 2CM, she and her husband obtained a $39,998.78 loan (the "Loan") from lender Assoc:iates Financial Services Company of California, Inc. (Complaint '1 9.) The terms of the Loan are set forth in a Promissory Note ("Note"), and repayment of the Loan is secured by a Deed of Trust (the "DOT") recorded against the Property located at 119 N. Orange Avenue, Exeter, California (the "Property"). (Complaint at Ex. A) In connection with the Loan and DOT, P...
2023.11.30 Demurrer, Motion to Strike 642
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.30
Excerpt: ...rike punitive damages under the prayer related to medical malpractice without leave to amend; to find the availability of attorneys' fees as to fraud moot by the ruling on the demurrer providing leave to amend; to grant the motion to strike as to "attorney's fees as authorized by law" without leave to amend as to "all causes of action." (1) Demurrer Plaintiff, alleges moving Defendants Redwood Family Dentistry and Jasjeet S. Malli, D.D.S. were pr...
2023.11.30 Motion for Approval of Representative PAGA Settlement 878
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.30
Excerpt: ...he Court ordered Plaintiff's individual PAGA claims to arbitration and stayed this matter as to Plaintiff's representative PAGA claims. The parties settled Plaintiff's individual PAGA claims in a separate settlement not contingent upon this action. This settlement is to Plaintiff's representative PAGA claims and, if approved, will resolve all claims in this lawsuit. 1. Sufficiency of Amount of Settlement (Proposed Net Distribution: $135,666.67) T...
2023.11.30 Motion for Summary Judgment 240
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.30
Excerpt: ...rs employees and servants, including the nursing staff and technicians; and (2) vicarious liability forthe negligence of the physicians who provided care to Plaintiff at Sierra View Medical Center. Plaintiff alleges medical malpractice as to the December 5, 2021 failure to remove ectopic pregnancy and follow up care and on December 7, 2021 as to the initial refusal to admit Plaintiff to the emergency room and breach of standard of care when Plain...
2023.11.28 Motion to Compel Deposition of PMK, Production of Docs, for Sanctions 829
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.28
Excerpt: ...ved Plaintiffs with full and complete responses and objections to their Deposition Notice. GM specifically objected to the notce on grounds that the date of August 29, 2022, had passed. Despite GM's objections, GM agreed to a PMQ for deposition as to Category Nos. 1-2, subject to certain terms, at a mutually agreeable time and place. GM further identified and referred Plaintiffs to the documents which were produced to Plaintiffs in response to th...
2023.11.28 Motion for Relief from Dismissal 217
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.11.28
Excerpt: .... Plaintiffs filed this matter April 7, 2022. Defendants filed an answer December 2, 2022. Despite Plaintiffs' filing of a case management statement on February 27, 2023 as to the case management conference March 14, 2023, Plaintiffs counsel failed to appear at that case management conference. Therefore, the Court set an order to show cause as to dismissal for May 2, 2023 and continued the case management conference to that date. On May 2, 2023, ...
2023.11.28 Demurrer to Amended Complaint, Motion to Strike 056
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.28
Excerpt: ...aintiffs shall have ten (10) days to file an amended complaint; (2) To grant the motion to strike as to 1, 2 (Paragraph 145), 7, 8, 9, 10; Plaintiffs shall have ten (10) days to file an amended complaint addressing these issues; to deny the motion to strike as to 2 (Paragraph 159), 3, 6, 11; to find the motion moot as to 4, 5 12. 13, 14 because of the ruling on demurrer permitting amendment to the causes of action involving these paragraphs. (1) ...
2023.11.27 Motion to Enforce Settlement 629
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.27
Excerpt: ...en settlement agreement. Plaintiff signed the agreement on July 21, 2023. Defendant FCA signed the agreement, through its authorized representative on August 9, 2023. The terms of the settlement are as follows: FCA agreed to make payment to Plaintiff in the amount of $72,011.84; Payment in the amount of $55,457.12 to JPMorgan Chase Bank, N.A., in full satisfaction of the loan (as per the July 22, 2023 payoff); Any overage payments made by Plainti...
2023.11.27 Motion for Prejudgment Possession 890
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.27
Excerpt: ... The parties have filed their supplemental briefs and the Court rules as follows. Pursuant to the complaint filed March 24, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Re...
2023.11.22 Motion for New Trial 375
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.22
Excerpt: ...dgment nunc pro tunc for costs in favor of Defendant in the amount of $103,980. On September 11, 2023, the judgment entered August 29, 2023, was served on Plaintiff. On September 26, 2023, Plaintiff filed the notice of intent for new trial. On October 6, 2023, Plaintiff filed the motion for new trial. Though the grounds on which this motion is made are more thoroughly discussed below, Plaintiff asserts generally that the Court's conduct, comments...
2023.11.21 Motion to Enter Judgment 272
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...y 24, 2023, the parties entered into a stipulation to resolve this matter. Defendant acknowledged being obligated to Plaintiff for the principal amount of 7,370.42 and costs of $225.00 and that this amount would be deemed satisfied if the following payments were made: The sum of $461.00 due on or before February 16, 2023, a minimum of I,CM.IW due on or before March 15, 2023, a minimum of $461.[n due on or before the 15th day of each month beginni...
2023.11.21 Motion to Compel Production of Docs 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...nd McDonalds. Tentative Ruling: (1), (2) and (3) —To deny the motions Facts Common to (1) and (2) The Court notes, as an initial matter, that one notice appeared filed in connection with these motions states it is an "application for order to show cause for contempt of court order" by non-parties Tulare County Health and Human Services Subpoena and Altura Centers for Health. A second notice indicates a motion to compel production of documents a...
2023.11.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ... $312,750) The gross settlement amount is $585,000. Plaintiff estimates approximately 157 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: "All current and former hourly-paid, non-exempt employees of Defendant who were employed by Defendant in the State of California at any time during the period from September 16, 2018, to October 21, 2023. The operative complaint alleges causes...
2023.11.21 Motion for Leave to File Amended Complaint 155
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...efendant Kaweah Delta Health Care District's ("Defendant") entity status; (3) limits the claims alleged against Defendant to encompass only direct minimum wage claims under the California Labor Code ; and (4) adds facts related to Defendant's alleged failure to pay all minimum wages due. Plaintiff argues that Labor Code S 2699.3(a)(2)(C) grants Plaintiff the right to amend the complaint as to the above. Plaintiff further argues that Code of Civil...
2023.11.21 Demurrer 352
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.21
Excerpt: ...93292 ("Subject Property"). The amended complaint indicates that Plaintiff and Defendant entered into a six-month, fixed term lease that expired. Plaintiff seeks, via this action, to evict a holdover tenant after the expiration of a fixed term "renewal lease agreement, commencing April 1, 2023 and ending September 30, 2023 pursuant to Cuie of Civil Procedure section 1161(1). Defendant demurrers to the amended complaint and argues that Plaintiff's...
2023.11.20 Motion to Compel Arbitration 835
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.20
Excerpt: ...now seeks to compel arbitration under a clause in the written agreement entitled "ARBITRATION OF DISPUTES" No opposition to this motion has been filed. Facts — Agreement to Arbitrate and Scope It appears undisputed that the parties entered into the aforementioned construction that contains a section "ARBITRATION OF DISPUTES." That section states, in full, the following: ARBITRATION OF DISPUTES written agreement for NOTICE: BY SIGNING IN THE SPA...

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