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1872 Results

Location: Tulare x
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...
2024.02.26 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...
2024.02.15 Motion for Judgment Notwithstanding the Verdict, for New Trial 414
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.15
Excerpt: ... dangerous condition of an uneven, broken or deteriorating road causing Plaintiff to lose control of his motorcycle in June 2021. Af t e r t h e t r ia l, t h e ju r y is s u e d a v e r d ic t in f a v o r o f t h e P la in t if f , f in d in g a s f o llo w s : 1. The County owned or controlled the Subject Property; 2. The Subject Property was in a dangerous condition; 3. The County had notice of the dangerous condition for a long enough time f...
2024.02.15 Demurrer 412
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.15
Excerpt: ...st Oakwood Drive, Tulare, CA 93274 [‘Subject Property']” (C o m p la in t ¶ 4 . ) P laintiff names individual Defendants Gerardo Lara and Dora Lara, as well as all “all persons claiming by, through or under such person, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property describ ed in the compliant, adverse to plaintiff's title thereto” (hereinafter referred to as “unknown de...
2024.02.15 Motion for Preliminary Approval of Class Action Settlement 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.15
Excerpt: ... $171,514.32) The gross settlement amount is $662,000. Plaintiff estimates approximately 131 proposed Class Members, providing an estimated average payout of $1,309.27 per member. The Class Members consist of: All p e r s o n s e m p lo y e d b y D e f e n d a n t Vis a lia Ce r a m ic Tile , In c . in t h e p o s it io n o f Tile Helper/ Finisher in the State of California who worked at any time between June 21, 2014, to November 4, 2021, and di...
2024.02.15 Motion for Relief from Default, Stay of Writ of Execution 879
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.15
Excerpt: ... 10 day notice to terminate tenancy . Defendant Garcia was served by substitute service on “JANE DOE (CO - O CCUP AN T, 2 0 YRS, FEM ALE, H ISP AN IC, 1 4 0 LBS, 5 '6 , BLACK H AIR, BRO W N EYES), CO OCCUPANT” on October 29, 2023, pursuant to the filed proof of se rvice . Se rvice was made by a re giste re d Californi a proce ss se rve r. On December 20, 2023, the Court entered default as to Defendant Garcia. After court trial, the Court ...
2024.02.13 Motion to Compel Production based on Third Party Subpoena 246
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.13
Excerpt: ...Credentialing” to produce the following: “1. Any and all DOCUMENTS, including statements of decision, findings, summaries, opinions, rulings, and/or minutes regarding any California Commission on Teacher Credentialing investigation and/or hearing regarding MICHAEL DONALD CARDOZA (DOB: 01/18/1949), who was licensed by the California Commission on Teacher Credentialing. 2. Any and all DOCUMENTS regarding any disciplinary action imposed on MICHA...
2024.02.13 Motion for Reconsideration of Ruling on Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.13
Excerpt: ...nt as to each of these moving defendants. Tate was initially named in the complaint, dismissed, and attempted to be readded to the complaint via the Doe Amendment under Code of Civil Procedure section 474. The Court found Plaintiffs did not lack “the requisite knowledge of his identity and liability at the time of filing the initial complaint when Plaintiff named Tate as a defendant initially.” Princewill was the admitting, treating and disch...
2024.02.13 Demurrer, Motion to Strike Punitive Damages 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.13
Excerpt: ...a's surviving children and spouse and bring two causes of action for wrongful death and for survival. Plaintiffs allege that Decedent was, on or about September 10, 2022, at the approximate hour of 9:10 p.m., crossing the street at East Springville Avenue and South Connor Street when Defendant Jason Malcom, operating a vehicle, struck Decedent as he was crossing the street after purchasing a bottle of vodka “which he would do every night from D...
2024.02.08 Motion to Vacate Entry of Default Judgment 190
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.08
Excerpt: ...0, 2023, default judgment was prepared to be entered in the amount of $33,903.93, but was placed on hold pending the January 3, 2024 ex parte hearing to set aside the entry of default. No judgment has been entered in this matter. On January 3, 2024, at the ex parte hearing, the Court set this matter for a noticed motion on this hearing date. In support of the motion, the Court has reviewed the only filing by Defendant in this matter on December 2...
2024.02.07 Motion to Change Venue 771
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.02.07
Excerpt: ...ff purchased or was assigned claims of physicians against Defendant California Physicians' Service dba Blue Shield of California as to the reasonable and customary value of emergency services. (Complaint ¶¶25, 31.) The complaint alleges further “The acts, transactions and occurrences giving rise to this action occurred in substantial part in the County of Tulare, in the State of California.” (Complaint ¶4.) The complaint admits no express ...
2024.02.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 548
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...embers, providing an estimated average payout of $837.25 per member. The Class Members consist of: All current and former non-exempt employees who worked for Delta View in California at any time from September 29, 2018 through October 17, 2023. The operative complaint alleges causes of action against Defendant Gregory O. Dias Dairy Farming, Inc. dba Delta View Farms (“Delta View” or “Defendant”) for violations of the California Labor Code...
2024.02.06 Motion for New Trial 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...he operative complaint failed to allege the requisite compliance because of two contradictory paragraphs: “12. Prior the initiation of this lawsuit, Plaintiff timely served tort claims in accordance with Government Code §§ 910 and 911.2.” “14. Plaintiff Destiny Lopez mailed claims for damages to the City of Visalia and the County of Tulare on October 6, 2021. Neither the City nor the County provided Plaintiff with a written response to th...
2024.02.06 Motion for Final Approval of Class Action and PAGA Settlement 864
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...oses came on for hearing on February 6, 2024. The court finds and rules as follows: On July 27, 2023, the settlement administrator, Apex Class Action, LLC, received a mailing list of 91 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On August 9, 2023, after the administrator processed the names through the National Change of Address Database and update...
2024.02.06 Motion for Attorney Fees 384
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...epair facility on nine (9) different occasions. Plaintiff filed this lawsuit in December 2022, alleging violations of the Song-Beverly Act. The matter resolved for $90,447.18 via an accepted section 998 offer, plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff argues that it engaged in atypical litigation activities including a motion to compel deposition of person most qualified, a motion to deem admissions adm...
2024.02.05 Motion to Tax Costs, for Attorney Fees 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ... CVT/Colburn's Motion for Attorney Fees as to Madrigal Facts On July 7, 2023, Plaintiffs' counsel filed a request for dismissal of Madrigal only. No notice of entry of dismissal was served. On July 27, 2023, Plaintiff Silva accepted Defendants' section 998 offer. On November 2, 2023, this Court entered judgment in favor of Plaintiff Cortez in the total amount of $25,282.48, inclusive of stipulated interest and liquidated damages. Notice of entry ...
2024.02.05 Motion to Compel Arbitration 192
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ...int filed July 25, 2023. The complaint alleges breach of contract between Plaintiff Alice Terry and Defendants Derrick Gray. The contract alleged breached appears to be a settlement agreement executed after mediation in Case No. VCU291133. The complaint in this matter alleges “Case [VCU291133] was to be completed within 30 days of mediation in January. They Never mentioned wanting title insurance on all of title. According to court Everything s...
2024.02.05 Motion for Prejudgment Possession 915
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ... August 15, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation (“Plaintiff”) seeks a partial acquisition of approximately 2.60 acres or 113,256 sf of fee simple interest, to include 0.91 acre/39,802 sf in fee (Parcel 88192-1), 0.02 of an acre/796 sf in fee (Parcel 88192-2), and 1.67 acres/72,745 sf in fee (Parcel 88192-3) Caltrans also seeks to acquire 0.34 of an acre/14,817 sf of under...

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