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Rulings Case Search - Tulare County Courts

In state-court civil litigation cases filed in Tulare County of California, courts may issue tentative rulings prior to motion hearings. A tentative ruling is a preliminary ruling that states how a court intends to rule on a motion, and courts may modify or reverse civil tentative rulings prior to issuing final rulings, hence the term “tentative.”


Tentative rulings in Tulare County Court for the state of California are posted on the court's website prior to each law and motion hearing for civil cases. However, this tentative ruling information is usually taken down from the court's website after several days or weeks.


Trellis, a legal research platform, aggregates Tulare County County tentative rulings and all tentative rulings in California. This is highly valuable data that reveals how judges think on substantive legal issues. Consequently, Trellis makes the information and legal analyses contained in Tulare County County tentative rulings searchable for attorneys, parties, and the public. On this page, you will find every civil tentative ruling from Tulare County .

Highlighted picture of Tulare County.

Tulare County
Courts

County Name

Tulare County

Population

466,195

Area (sq mi)

4,824

County Seat

Visalia

Established Year

1852

Board of Supervisors

District 1 – Kyler Crocker
District 2 – Peter Vander Poel
District 3 – Amy Shuklian
District 4 – Eddie Valero
District 5 – Dennis Townsend

Form of Government

General Law

Administration Address

Administration Building 2800 W. Burrel Avenue Visalia, CA 93291

Administration Address

Administration Building 2800 W. Burrel Avenue Visalia, CA 93291

Meaning of Name

Tulare Lake, which is named after the tule rush (Schoenoplectus acutus) that grew in the marshes and sloughs along its shores.

Phone Number

(559) 636-5005

Tulare County Recent Judge Rulings

Motion: Defendants’ Demurrer to Second Amended Complaint Tentative Ruling: To sustain the demurrer of defendants County of Tulare, et al.’s demurrer to second amended complaint with twenty days’ leave to amend. The court notes from a review of its file that proper notice was given to all parties. There has been no response to this demurrer. P...

  • Hearing

    May 07, 2019

Motion: Demurrer by Defendants County of Tulare, Tulare County Resource Management Agency, Reed Schenke, John Hess, Hernan Beltran Herrera, and Grey Tompkins to Plaintiff’s Complaint Tentative Ruling: To Sustain Defendants’ demurrer to Plaintiff’s Complaint as to the 11th, 12th, 13th, and 14th Causes of Action, without leave to amend. To sustain ...

  • Hearing

    May 07, 2019

Motion: Motion to Enforce Written Settlement and for Attorney’s Fees (CCP §664.6) Tentative Ruling: To grant plaintiff’s motion to enforce written settlement as itemized below in this ruling. Plaintiff shall be awarded attorney fees under Civil Code §1717 in the amount of $1,590.00. This is an action for breach of contract and partition that ar...

  • Hearing

    Apr 30, 2019

Motion: Plaintiff’s Motion for Leave to File his Second Amended Complaint Tentative Ruling: To grant plaintiff’s motion for leave to file his first amended complaint. Plaintiff shall file his first amended complaint within five days from the notice of this ruling. All parties were given proper notice of this motion. There has been no response t...

  • Hearing

    Apr 30, 2019

Motions: (1) General Demurrer to All Causes of Action to Plaintiff’s First Amended Complaint; (2) Motion to Strike Improper Prayer and Punitive Damages and “Retraining” from Plaintiff’s First Amended Complaint Defendants’ demurrer is sustained without leave to amend as to plaintiff Christopher Renfro’s res ipsa loquitor, breach of contract, inten...

  • Hearing

    Apr 30, 2019

Motion: Demurrer to Plaintiff’s First Amended Complaint Tentative Ruling: Defendant Metrocom, Inc.’s demurrer to plaintiff’s first amended complaint (FAC) is overruled. Defendant Metrocom, Inc. shall have thirty days’ leave to answer the plaintiff’s FAC. Item #2 of defendant’s request for judicial notice is denied under California Rule of Court...

  • Hearing

    Apr 30, 2019

Motion: Defendant Nick Pritchett’s Demurrer to First Amended Complaint of Plaintiff Mane Arax Tentative Ruling: To sustain Defendant Nick Pritchett’s Demurrer to First Amended Complaint of Plaintiff Mane Arax without leave to amend. If oral argument is requested, the hearing on this motion is continued to Tuesday, April 30, 2019, at 9:00 a.m. i...

  • Hearing

    Apr 29, 2019

Motion: Defendant Life Insurance Company of North America’s Motion to Compel Arbitration and to Stay Plaintiff’s Action Pending the Outcome of Arbitration Tentative Ruling: There is no tentative ruling. The hearing on this motion is continued to Tuesday, April 30, 2019, at 9:00. The court suggests the parties consider agreeing to stay this action...

  • Hearing

    Apr 29, 2019

Motion: Objector’s Motion to Quash, Modify. Or Limit Petitioners’ Subpoena for Records Issued to Cardboard Box Company & Mountain View Dairy Tentative Ruling: To grant Objector’s motion to quash, modify. or limit petitioners’ subpoena for records issued to Cardboard Box Company & Mountain View Dairy Motion to Quash Subpoena This is a guardian...

  • Hearing

    Apr 29, 2019

Motion: Ex-Parte Application to Stay Action Pending Determination of Writ Petition. Tentative Ruling: The ex-parte application to stay action pending determination of writ petition is granted. This ruling is conditioned upon the actual filing of the writ petition by Defendants. Per Court policy, the Court does not issue tentative rulings on motio...

  • Hearing

    Apr 25, 2019

Motion: Petition for Approval of Structured Settlement Payments Tentative Ruling: To deny the Petition for Approval of Circle Orchard LLC (payee Jerry Fino, Jr.) of Structured Settlement Payments Under Insurance Code section 10139.5, the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests ...

  • Hearing

    Apr 25, 2019

Motion: Intervenor Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: Intervenor Plaintiff Fernando Aguirre’s Motion for Preliminary Approval of Class Action Settlement Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff-Intervenor ...

  • Hearing

    Apr 25, 2019

Motion: Motion to Set Aside Default Tentative Ruling: To grant cross-defendant Bob’s Petro Products, Inc.’s motion to set aside the default of its assignor Bill B. Long. Bob’s Petro Products shall file its answer to Richard Joe McCowan and Miranda Anderson’s cross-complaint within ten days from the notice of this ruling. Cross-defendant Bob’s P...

  • Hearing

    Apr 25, 2019

Motion: Defendant Bank of New York Mellon et al.’s Motion for Judgment on the pleadings Tentative Ruling: To Deny Defendant’s Bank of New York Mellon, et al’s Motion for Judgment on the Pleadings. Plaintiff’s objections to the declaration of Robert P. Zahradka are sustained. Plaintiff’s objections to defendant’s Request for Judicial Notice in...

  • Hearing

    Apr 25, 2019

Motion: Motion to Vacate Judgment Tentative Ruling: To deny defendant Amanda Torres’ motion to vacate judgment Defendant Torres’ motion to vacate judgment is procedurally and substantively deficient. Procedurally, California Rule of Court 3.1113 requires that the moving party to a law and motion matter must submit with the moving papers a mem...

  • Hearing

    Apr 24, 2019

Motion: Unopposed Motion for Class Certification Tentative Ruling: To grant plaintiff David Contreras Lopez’s (as representative for plaintiffs and the putative class) unopposed motion for class certification. A review of the Court’s file indicates that all necessary parties have been given timely and proper notice as to this motion. There has ...

  • Hearing

    Apr 23, 2019

Motion: Motion for Determination of Good Faith Settlement of Cross-Defendant California Mantel and Fireplace, Inc.; Tentative Ruling: To grant cross-defendant California Mantel and Fireplace, Inc.’s motion for determination of good faith settlement A review of the Court’s file indicates that all necessary parties have been given timely and prop...

  • Hearing

    Apr 23, 2019

Motion: Motion for Reconsideration Pursuant to CCP 473 Tentative Ruling: To grant plaintiff’s motion for reconsideration of the waiver of a jury trial. Plaintiff shall deposit the applicable jury fees with the Court within ten days from the notice of this ruling. Plaintiff’s Request for Judicial Notice is granted under Evidence Code §452(d) P...

  • Hearing

    Apr 23, 2019

Motion: Cross-Defendant Fresno Precision Plastics, Inc. Motion for Determination of Good Faith Settlement Tentative Ruling: To grant the motion of cross-defendant Fresno Precision Plastics, Inc. (“FPPI”) motion for determination of good faith settlement A review of the Court’s file indicates that all necessary parties have been given timely and...

  • Hearing

    Apr 23, 2019

Motion: Motion for Entry of Judgment Pursuant to CCP §664.6 Tentative Ruling: To grant plaintiff Impax Automation, LLC’s motion for entry of judgment under CCP §664.6 in the amount of $220,000.00 against Visalia Dairy Company and defendants Mark D. Acevedo, and Leonard Vandenberg. $50,000 of this judgment shall be paid by defendants Vandenberg ...

  • Hearing

    Apr 23, 2019

Motion: Defendant Harvest Container Company, Inc.’s Motion for Judgment on the Pleadings, or, Alternatively, Motion to Strike Tentative Ruling: To deny Defendant Harvest Container Company, Inc.’s Motion for Judgment on the Pleadings, or, Alternatively, Motion to Strike. Defendant Harvest Container Co. Inc.’s belated motion for judgment on the p...

  • Hearing

    Apr 22, 2019

Motions: Defendant Nick Pritchett’s Motions for Orders (1) that Matters in Requests for Admissions be Deemed Admitted and Imposing Monetary Sanctions; (2) Compelling Response to Special Interrogatories and for Monetary Sanction; (3) Compelling Response to Request for Production of Documents and Production Thereof and for Monetary Sanction; (4) Comp...

  • Hearing

    Apr 22, 2019

Motion: Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc.’s Demurrer to Plaintiff’s Amended Complaint Tentative Ruling: To overrule Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Californ...

  • Hearing

    Apr 22, 2019

Motion: Motion by Defendant Pro West PCM, Inc. to Compel Arbitration and for Stay of Proceedings Tentative Ruling: To Grant the Motion by Defendant Pro West PCM, Inc. to Compel Arbitration and to Grant the request for stay of this action pending the conclusion of arbitration proceedings. Moving Defendant and Plaintiff are parties to a sub-contr...

  • Hearing

    Apr 18, 2019

Motion: Unopposed Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To grant plaintiff’s motion for preliminary approval of class action as described herein. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff’s class action seeks recovery fro...

  • Hearing

    Apr 18, 2019

The facts and allegations identified in Requests for Admissions 1 through 15 of defendant In the Light Urns, Inc.’s first set of requests for admissions to plaintiff xxxxxxxxxxx shall be deemed admitted. The Court further orders that plaintiff xxxxxxxxxxx shall pay monetary sanctions to defendants’ counsel in the amount of $675.00 within thirty d...

  • Hearing

    Apr 18, 2019

Motion: Northstar Framing, Inc.’s Motion for Good Faith Settlement Tentative Ruling: To grant Northstar Framing, Inc.’s Motion for Good Faith Settlement Northstar Framing, Inc. is a cross-defendant in this construction defect case. At mediation Northstar agreed to pay the amount of $31,000 to settle the claims of defendants Wathen Castanos Hybr...

  • Hearing

    Apr 18, 2019

Motion: Motion for Judgment on the Pleadings Tentative Ruling: The parties reached a settlement in this matter on February 7, 2019. As such, no tentative ruling shall issue. Counsel shall appear at the scheduled Status Conference on April 18, 2019; 8:30 am; Dept. 2 to advise the court of the status of settlement. Court-Call is welcome. ...

  • Hearing

    Apr 18, 2019

Motion: Motion to Deem Admitted Request for Admissions Tentative Ruling: To grant plaintiff LVNV Funding LLC’s motion to deem admitted request for admissions. The facts and allegations identified in Requests for Admissions 1 through 10 of plaintiff’s first set of requests for admissions to defendant Sonterrena Patterson shall be deemed admitted ...

  • Hearing

    Apr 16, 2019

Motion: Motion for Judgment on the Pleadings Tentative Ruling: To grant plaintiff Discover Bank’s motion for judgment on the pleadings. The proof of service on file with the Court for this matter indicates that defendant Issac V. Alvarez received timely and proper notice of this motion for judgment on the pleadings at the address identified in ...

  • Hearing

    Apr 16, 2019

Motion: Motion by Defendants Sycamore Valley Academy, The Academies Charter Management Organization, and Ruth Dutton to Strike Plaintiff’s Prayers for Costs and Attorney’s Fees and for Punitive Damages Tentative Ruling: To Grant Defendants’ Motion to Strike Plaintiff’s prayers for recovery of attorney’s fees and costs; and to Deny Defendants’ Mot...

  • Hearing

    Apr 16, 2019

Motions: (1) Motion Compelling Response to Special Interrogatories Set One and for Monetary Sanctions; (2) Motion to Compel Response to Request to Request for Production of Documents Set One, and Production Thereof. Tentative Rulings: (1) To grant plaintiff’s motion compelling response to special interrogatories set one; (2) To grant plaintiff’s ...

  • Hearing

    Apr 16, 2019

Motion: Motion for Order Compelling Production of Documents and for Monetary Sanctions (CCP §708.030) Tentative Ruling: To grant judgment creditor Kaweah Container, Inc.’s motion to compel judgment debtor Brookfield Box Company, Inc. to respond to judgment creditor Kaweah Container, Inc.’s request for production of documents. Brookfield Box Com...

  • Hearing

    Apr 16, 2019

Motion: Defendant David Fralick’s Demurrer to Plaintiff’s Complaint Tentative Ruling: There is no tentative ruling. The parties are directed to meet and confer to resolve this lawsuit. No CourtCall is permitted. ...

  • Hearing

    Apr 15, 2019

Motion: Plaintiff TD Auto Finance LLC’s Motion for Amendment of Judgment (C.C.P. §187) Tentative Ruling: To grant Plaintiff TD Auto Finance LLC’s Motion for Amendment of Judgment (C.C.P. §187) Proof of service in the court’s file indicates notice of the motion was adequate. No response to the motion has been filed. Attorney David T. Chen’s de...

  • Hearing

    Apr 15, 2019

Motion: Plaintiff’s Attorney Douglas V. Thornton’s Motion to be Relieved as Counsel Tentative Ruling: To deny Plaintiff’s Attorney Douglas V. Thornton’s Motion to be Relieved as Counsel without prejudice. There is no proof of service in the court’s file showing proper notice of this motion was given as required by California Rules of Court, rul...

  • Hearing

    Apr 15, 2019

Motion: Plaintiff’s Attorney Douglas V. Thornton’s Motion to be Relieved as Counsel Tentative Ruling: To deny Plaintiff’s Attorney Douglas V. Thornton’s Motion to be Relieved as Counsel without prejudice. There is no proof of service in the court’s file showing proper notice of this motion was given as required by California Rules of Court, rul...

  • Hearing

    Apr 15, 2019

Motion: Plaintiff Portfolio Recovery Associates, LLC’s Motion for Judgment on the Pleadings Tentative Ruling: To grant Plaintiff Portfolio Recovery Associates, LLC’s Motion for Judgment on the Pleadings Proof of service in the court’s file indicates that notice of the motion was adequate. No response to the motion has been filed. Plaintiff Port...

  • Hearing

    Apr 15, 2019

Motion: Motion of Merluza Law and Ricardo Y. Merluza to be Relieved as Counsel - Civil Tentative Ruling: To deny the motion of Merluza Law and attorney Ricardo Y. Merluza to be relieved as counsel-civil for plaintiff Elyssa Seth without prejudice. The Court finds that moving party attorney Ricardo Y. Merluza of Merluza Law Firm has complied wit...

  • Hearing

    Apr 11, 2019

Motion: (1) Demurrer by Defendant Tri-County Medical Transport, Inc. to Plaintiffs’ Second Amended Complaint; and (2) Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiffs’ Second Amended Compliant. Tentative Ruling: (1)To Sustain the Demurrer by Defendant Tri-County Medical Transport, Inc. to Plaintiff’s Seco...

  • Hearing

    Apr 11, 2019

Motions: (1) Motion to be Relieved as Counsel – Civil- for Plaintiff Darlene Bishop; (2) Motion to be Relieved as Counsel – Civil- for Plaintiff John Bishop Tentative Rulings: (1) To grant the motion of James C. Allen, Esq. and Jessica Taylor, Esq. of Allento, Semelsberger, and Kaelin, LLP to be relieved as counsel – civil- for plaintiff Darlene ...

  • Hearing

    Apr 11, 2019

Motion: Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement Tentative Ruling: To Grant Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement. A hearing on compliance with the terms of the settlement shall be on Tuesday, June 11, 2019 at 8:30 a.m. in Department 7. The court preliminarily appr...

  • Hearing

    Apr 09, 2019

Motions: (1) Motion for Order Compelling Plaintiff to Answer Special Interrogatories; Request for Sanctions; (2) Motion for Order Compelling Plaintiff to Answer Form Interrogatories; Request for Sanctions; (3) Motion to Deem the Truth of Matters Specified in Requests for Admissions, Set One, Admitted and Conclusively Established; (4) Motion for Ord...

  • Hearing

    Apr 09, 2019

Motion: Motion for Judgment on the Pleadings Tentative Ruling: Defendant Vidal Barreto Velasco’s motion for judgment on the pleadings is granted as to the conversion and quantum meruit/unjust enrichment causes of action and denied as to plaintiff’s quiet title and fraud cause of action. Defendant’s Request for Judicial Notice is granted under E...

  • Hearing

    Apr 09, 2019

Motion: Motion for Leave to file Second Amended Complaint Tentative Ruling: To deny plaintiff’s motion to file second amended complaint without prejudice California Rule of Court 3.1324 (a) mandates that “[a] motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially nu...

  • Hearing

    Apr 09, 2019

Motion: Motion for Judgment on the Pleadings Tentative Ruling: To continue the hearing on plaintiff Discover Bank’s motion for judgment on the pleadings to April 16, 2019 at 8:30 a.m. in Department 7 of this court and direct the plaintiff to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Pro...

  • Hearing

    Apr 09, 2019

Motion: Defendant Jason Dulcich & Sons Motion to Tax Costs Tentative Ruling: Defendant Jason Dulcich & Sons motion to tax the $8,734.05 for fees that plaintiff paid to “jury consultant” Deborah A. Hansen, J.D., Ph.D. is granted. Defendant Jason Dulcich & Sons motion to tax the $297.00 associated with deposition costs and $235.00 in service cost...

  • Hearing

    Apr 09, 2019

Motion: Motion to Set Aside Default and for Leave to Defend Action Tentative Ruling: To grant defendant Cindy Whipple’s motion to set aside default and for leave to defend action. Defendant shall file a responsive pleading to the plaintiff’s complaint within five days from the notice of this ruling. Here, defendant was never personally served w...

  • Hearing

    Apr 09, 2019

Motion: Petitioner Quality Loan Service Corp.’s Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this matter. No CourtCall is permitted. ...

  • Hearing

    Apr 08, 2019

Motion: Defendants DVP L.P. and Armando Banuelos’s Demurrer to Amended Complaint of Plaintiff Mane Arax Tentative Ruling: There is no tentative ruling. Defendants DVP L.P. and Armando Banuelos are directed to meet and confer with plaintiff Mane Arax for the purpose of resolving the objectives to be raised in defendants’ demurrer as required by Ci...

  • Hearing

    Apr 08, 2019

Motion: Plaintiffs Shari Vannorsdall and Shenina Eddings’s Motion for Attorney Fees Tentative Ruling: There is no tentative ruling. The parties are directed to meet and confer to resolve this matter. No CourtCall is permitted. ...

  • Hearing

    Apr 08, 2019

Motion: Defendant Kaweah Container, Inc.’s Verified Petition to Compel Arbitration Tentative Ruling: There is no tentative ruling. The parties are directed to meet and confer to resolve this matter. No CourtCall is permitted. ...

  • Hearing

    Apr 08, 2019

Motion: Plaintiff Penske Truck Leasing Co., L.P.’s Motion to Set Aside Dismissal Pursuant to CCP §664.6 Tentative Ruling: There is no tentative ruling. The parties are directed to meet and confer to resolve this motion. No CourtCall is permitted. ...

  • Hearing

    Apr 08, 2019

Motion: Plaintiffs’ Motion for Leave to File First Amended Complaint Tentative Ruling: To Grant Plaintiffs’ Motion for Leave to File First Amended Complaint. Plaintiffs shall file and serve their First Amended Complaint within ten (10) days of this order. The court further vacates the trial date of August 19, 2019 and all related dates. The parti...

  • Hearing

    Apr 04, 2019

Motion: Motion by Defendants County of Tulare, Maggie Pruneda, Gary Kupfer and Mary Ann Cantu for Summary Judgment or, in the alternative, for Summary Adjudication Tentative Ruling: To deny the motion for summary judgment and to deny the alternative motions for summary adjudication as to all issues submitted. Although noticed in a single motion...

  • Hearing

    Mar 28, 2019

Motion: Motion for Judgment Pursuant to Defendant’s Default Under Settlement and Release Agreement Tentative Ruling: To grant plaintiff CACH, LLC’s motion for judgment Pursuant to Defendant’s Default Under Settlement and Release Agreement. Judgment shall be entered for the plaintiff in the amount of amount of $1,361.59 that includes the balance o...

  • Hearing

    Mar 28, 2019

Motion: Motion to be Relieved as Counsel - Civil Tentative Ruling: To deny the motion of attorneys David D. Schneider and Mark A. Waller of Dowling Aaron, Incorporated to be relieved as counsel –civil for defendant and cross-complainant York Canadian Grain Trading, Inc. and defendant Nazih Fahs without prejudice. The tentative ruling in this matt...

  • Hearing

    Mar 28, 2019

Motion: Petition for Release From Property Lien Tentative Ruling: To grant petitioner Pavitar Sond’s petition for release from property lien. Petitioner Pavitar Sond is the owner of a car wash located at 2016/2020 N. Dinuba Blvd., Visalia, California. On or before April 11, 2018, respondent Gabriel Reynoso (a licensed contractor) did work and i...

  • Hearing

    Mar 28, 2019

Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds Tentative Ruling: To deny the Motion by Defendant Rune Kraft for Release of Deposited funds, without prejudice. The Court incorporates by reference and adopts its prior rulings on this issue. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) ...

  • Hearing

    Mar 28, 2019

Motion: Motion for Order Modifying the Verdict (Additur) or in the Alternative, for a New Trial on Damages only Tentative Ruling: To deny Plaintiff's Motion for Order Modifying the Verdict (Additur) or in the Alternative, for a New Trial on Damages only This personal injury trial was heard over the course of two weeks between December 10-20, 20...

  • Hearing

    Mar 26, 2019

Motion: Motion for Order to Compel Plaintiff Shirley Reed to Attend Her Deposition on March 5, 2019; Request for Monetary Sanctions Tentative Ruling: To grant defendant City of Tulare’s motion for order to compel plaintiff Shirley Reed to attend her deposition retroactive to March 5, 2019. If plaintiff Shirley Reed did not appear for her depositi...

  • Hearing

    Mar 26, 2019

Motion: Motion to Quash Service of Summons and Complaint Tentative Ruling: To grant defendant Tulare County’s Motion to Quash Summons and Complaint. The court’s file indicates that plaintiff Gary Henry was properly noticed for this motion at the address stated in his complaint. There has been no response to this motion. Plaintiff Gary J. Henr...

  • Hearing

    Mar 26, 2019

Motion: Defendant George Alvarado’s Demurrer to Complaint of Plaintiff Federico Dela Cruz Tentative Ruling: To sustain in part without leave to amend and overrule in part the demurrer of George Alvarado to plaintiff Federico Dela Cruz’s Complaint. This is an action for quiet title to real property, breach of contract and specific performance. ...

  • Hearing

    Mar 26, 2019

Motion: Motion for Leave to File Complaint-in-Intervention Tentative Ruling: Plaintiff-In-Intervention Employers Assurance Company’s motion for leave to file complaint-in-intervention is denied without prejudice. California Rule of Court 3.1113(a) requires that: “A party filing a motion, except for a motion listed in rule 3.1114, must serve and...

  • Hearing

    Mar 26, 2019

Motion: County of Tulare’s Demurrer to First Amended Complaint Tentative Ruling: To sustain the demurrer of County of Tulare to plaintiff’s First Amended Complaint. Plaintiffs shall have twenty days leave to amend their complaint. This is a personal injury and wrongful death action that arises out of an automobile accident. Defendant Ameila Flo...

  • Hearing

    Mar 26, 2019

Motion: Defendant’s Amended Demurrer or, in the Alternative, Motion to Strike Portions of Plaintiffs’ Class Action Second Amended Complaint Tentative Ruling: To overrule Defendant’s Amended Demurrer and to deny the alternative Motion to Strike Portions of Plaintiffs’ Class Action Second Amended Complaint. Defendant shall file its answer to the SA...

  • Hearing

    Mar 26, 2019

Motion: Plaintiff Kevin Kelton’s Motion for Attorney’s Fees Pursuant to Civil Code § 1794(d) Tentative Ruling: There is no tentative ruling on the merits of the motion. The parties are directed to meaningfully meet and confer to resolve this matter on the merits. No CourtCall is permitted. Procedurally, defendant FCA US LLC’s request for a cont...

  • Hearing

    Mar 25, 2019

Motion: Plaintiff Jesus Maldonado’s Motion for Relief Under CCP §473(b) to Allow Plaintiff to File Jury Fees Tentative Ruling: There is no tentative ruling. ...

  • Hearing

    Mar 25, 2019

Motion: Plaintiff Rosalio Vera’s Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff’s Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing Tentative Ruling: To deny Plaintiff Rosalio ...

  • Hearing

    Mar 25, 2019

Motion: Defendants Jorge Ramirez and Irma Ramirez’s Motion to Reassign Action to Tulare County Superior Court – South County Justice Center on Grounds of Convenience of Witnesses and Ends of Justice Tentative Ruling: To grant Defendants Jorge Ramirez and Irma Ramirez’s Motion to Reassign Action to Tulare County Superior Court – South County Justi...

  • Hearing

    Mar 25, 2019

Motion: Defendant and Cross-Defendant Landscape Development’s Application to Amend the Case Management Order Tentative Ruling: No tentative ruling shall issue. The parties are ordered to appear to address Bruce Edwards’ (special master) correspondence dated March 20, 2019. Court-call is welcome. The correspondence was noticed to all parties and a...

  • Hearing

    Mar 21, 2019

Motion: Petitioner’s Motion for Reconsideration Tentative Ruling: To Deny Petitioner’s Motion for Reconsideration Petitioner sought writ relief from summary dismissal of his October 13, 2017 application for disability retirement benefits. The court issued a tentative ruling on January 23, 2019. There was no request for oral argument and no appe...

  • Hearing

    Mar 21, 2019

Motion: Petition Regarding Unresolved Claims and for Deposit of Undistributed Proceeds (Civil Code 2924j) Tentative Ruling: To Deny the Petition Regarding Unresolved Claims for Deposit of Undistributed Proceeds Based on claims received by Petitioner and documents filed with the court, Petitioner now has sufficient information to resolve all out...

  • Hearing

    Mar 21, 2019

Motion: Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement Tentative Ruling: To grant Plaintiff Vicente Ramos’s Motion for Final Approval of Class Action Settlement. On October 4, 2018, the court preliminarily approved the terms of the settlement including the form of notice, provisions for payment of costs, attorne...

  • Hearing

    Mar 21, 2019

Motion: Court Appointed Receiver’s Motion for an Order Approving and Confirming Sale of Real Property Tentative Ruling: To Grant the Receiver’s Motion for an Order Approving and Confirming Sale of Real Property with modifications as specified below. Proof of service in the file is sufficient to establish notice of the motion was adequate. Cit...

  • Hearing

    Mar 21, 2019

Motion: Intervenor Plaintiff Fernando Aguirre’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To deny intervenor plaintiff-intervenor Fernando Aguirre’s motion for preliminary approval of class action settlement Proof of service in the file indicates notice of the motion was adequate. No response to the motion has...

  • Hearing

    Mar 21, 2019

Motion: Motion for Summary Judgment (Defendant Linda Herman. M.D.) Tentative Ruling: To deny defendant Linda Herman M.D.’s motion for summary judgment Defendant’s Request for Judicial Notice is granted. Defendant’s Objections to Evidence are overruled as not in compliance with California Rule of Court 3.1354 OVERVIEW This is a negligence an...

  • Hearing

    Mar 19, 2019

Motion: Defendant Maria Vargas’ Motion for Summary Judgment Tentative Ruling: To Deny Defendant Maria Vargas’ Motion for Summary Judgment In this unlawful detainer proceeding, Defendant seeks summary judgment based on claims of habitability defenses. Her motion is based on her declaration asserting Plaintiff failed to make requested repairs. ...

  • Hearing

    Mar 19, 2019

Motion: Defendant s Rene Torres and 1st Alliance Energy’s Demurrer of Defendants to Plaintiff’s Complaint Tentative Ruling: There is no tentative ruling. Defendants Rene Torres and 1st Alliance Energy are directed to meet and confer with plaintiff Jonathan Daniel Rector, who now represents himself, to resolve this matter. No CourtCall is permitte...

  • Hearing

    Mar 18, 2019

Motion: Motion for Leave to Intervene by Intervener Financial Pacific Insurance Company on Behalf of Defendant Ewing Insulation, Inc. Tentative Ruling: To grant Intervener Financial Pacific Insurance Company ‘s Motion for Leave on Behalf of cross-defendant Ewing Insulation, Inc. The Court notes from a review of its file for this action that all...

  • Hearing

    Mar 14, 2019

Motions: (1) Plaintiff’s Motion for New Trial; (2) Plaintiff’s Motion to Tax Costs Sought by Defendants; and (3) Defendants’ Motion for Order Striking and/or Reducing Costs sought by Plaintiff. Tentative Rulings: (1) To Deny Plaintiff’s Motion for New Trial. (2) and (3) There is no tentative ruling on these motions. Attorneys for the parties are ...

  • Hearing

    Mar 14, 2019

Motion: (1) Defendant’s Demurrer to Plaintiffs’ Complaint; and (2) Defendant’s motion to Strike Punitive Damages from Complaint. Tentative Ruling: (1) To Overrule Defendant’s Demurrer to Plaintiffs’ Complaint as to all causes of action; and (2) To Deny Defendant’s Motion to Strike Punitive Damages from Complaint. Defendant shall file her answer t...

  • Hearing

    Mar 13, 2019

Motion: Demurrer by Defendant Porterville Unified School District to Plaintiffs’ First Amended Complaint Tentative Ruling: To Overrule the Demurrer by Defendant Porterville Unified School District to Plaintiffs’ First Cause of Action in the First Amended Complaint and to Sustain the Demurrer by Defendant Porterville Unified School District to Pla...

  • Hearing

    Mar 13, 2019

Motion: Defendant’s Motion to Continue Trial Tentative Ruling: There is no tentative ruling in this matter. The parties are directed to appear. ...

  • Hearing

    Mar 13, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 03/12/2019 at 9:04pm Motion...

  • Hearing

    Mar 13, 2019

Motions: (1) Demurrer by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc., and Troy Sibel to Plaintiff’s Second Amended Complaint; and (2) Motion by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc. and Troy Sibel to Strike Portions of Plaintiff’s Second Amended Complain...

  • Hearing

    Mar 12, 2019

Motion: Petition for Order Relieving Petitioner From Provisions of Government Code §945.4 Tentative Ruling: To deny claimant Flora Gomez’s petition for order relieving petitioner from provisions of Government Code §945.4 OPERATIVE FACTS Claimant-petitioner Flora Gomez’s claim arises out of a motor vehicle on February 7, 2018. The driver of th...

  • Hearing

    Mar 12, 2019

Motion: Motion to Compel Responses to Form Interrogatories. Request for Production of Documents, and that Requests for Admissions be Deemed Admitted and for Monetary Sanctions (2) Plaintiff’s motion for requests for admissions be deemed admitted is granted. The facts and allegations identified in plaintiff’s request for admissions 1-28, Set One t...

  • Hearing

    Mar 12, 2019

Motion: Motion to be Relieved as Counsel - Civil Tentative Ruling: To deny without prejudice the motion of attorney Arelia O. Keller of the Abramson Labor Group to be relieved as counsel - civil The Court finds that moving party attorney Arelia O. Keller of the Abramson Labor Group has complied with the provisions of California Rule of Court 3....

  • Hearing

    Mar 12, 2019

Motion: Motion for Judgment on the Pleadings Tentative Ruling: To continue the hearing on defendant’s motion for judgment on the pleadings and direct the defendant to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Procedure §§439(a)(3) within the time limitations set forth in that section. ...

  • Hearing

    Mar 12, 2019

Motion: Demurrer to Complaint Tentative Ruling: To overrule defendant’s demurrer. Defendant shall file an answer to the plaintiff’s complaint within five days from the notice of this ruling. This is an unlawful detainer action filed by Fortune Property Management as an authorized agent of the property owner against tenant Sabian Garcia that ari...

  • Hearing

    Mar 12, 2019

Motion: Plaintiff’s ex-parte Application to Strike Defendants’ Supplemental Expert Designation Tentative Ruling: To Deny Plaintiff’s Ex-Parte Application to Strike Defendants’ Supplemental Expert Declaration. The court finds Defendants’ supplemental declaration permissible under CCP 2034.280. Defendants had not previously designated an expert r...

  • Hearing

    Mar 12, 2019

Motion: Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc.’s Motion to Disqualify Plaintiff’s Counsel Tentative Ruling: There is no tentative ruling. ...

  • Hearing

    Mar 11, 2019

Motions: Plaintiff Noble Federal Credit Union’s Motions for Order that Requests for Admissions be Deemed Admitted and for Sanctions as to (1) Defendant Marisa Acevedo; (2) Defendant Annabel Lorraine Pina; and (3) Defendant John Acevedo Tentative Rulings: There are no tentative rulings for these motions. The parties are directed to meaningfully me...

  • Hearing

    Mar 11, 2019

Motion: Defendant Krishnaswamy Sidharaju’s Motion to Set Aside Default and Default Judgment Tentative Ruling: There is no tentative ruling. The parties are directed to meet and confer to resolve this motion. No CourtCall is permitted. ...

  • Hearing

    Mar 11, 2019

Motions: (1) Motion of Cross-Defendant San Joaquin Stairs, Inc. for Good Faith Settlement; (2) Motion of Cross-Defendant Kennies Indoor Comfort Specialists, Inc. for Good Faith Settlement A review of the Court’s file indicates that all necessary parties have been given timely and proper notice of these motions. There has been no response to these...

  • Hearing

    Mar 07, 2019

Motion: Motion for Attorney Fees Pursuant to Civil Code §1717 Tentative Ruling: To grant plaintiff’s motion for attorney fees pursuant to Civil Code §1717. Defendants shall be awarded attorney fees in the amount of $12,375. Plaintiff’s Request for Judicial Notice is granted. See Evidence Code §452(c). This action arises out of a contract betw...

  • Hearing

    Mar 07, 2019

Motion: Continued Hearing on Petition for Writ of Administrative Mandate Tentative Ruling: To Deny the Petition for Writ of Administrative Mandate. Petitioner seeks writ review pursuant to Visalia Municipal Code section 6.16.060(C) of a decision by the administrative hearing officer determining Petitioner’s dog “Jaxon” to be a dangerous or vici...

  • Hearing

    Mar 07, 2019

Motion: Motion for Order Granting Leave to File Cross-Complaint Tentative Ruling: To grant defendant Nutrius, LLC’s motion for order to file cross-complaint. Nutrius shall file its cross-complaint within ten days from the notice of this ruling. OPERATIVE FACTS This is an action by Calftech Corporation. Calftech is a cattle raising company loc...

  • Hearing

    Mar 07, 2019

Motion: Defendants’ Motion for Pre-Filing Requirement and for Order to Furnish Security Tentative Ruling: There will be no tentative ruling issued for this matter. Although Plaintiff has not filed an opposition to Defendants’ motion, pursuant to CCP 391.2 the court will consider any evidence, written or oral, by witnesses or affidavit, as may be ...

  • Hearing

    Mar 07, 2019

Motion: Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement Tentative Ruling: To Grant Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement. A hearing on compliance with the terms of the settlement shall be on Tuesday, May 14, 2019 at 8:30 a.m. in Department 2. Case Management Conference shal...

  • Hearing

    Mar 07, 2019

Motion: Defendant’s Demurrer to Plaintiff’s Complaint Tentative Ruling: To Overrule Defendant’s Demurrer to Plaintiff’s Complaint. Defendant shall file her answer to the Complaint on or before March 11, 2019. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. &...

  • Hearing

    Mar 05, 2019

Motion: Motion for Order Vacating Entry of Dismissal Tentative Ruling: To grant plaintiff Fireman’s Fund Insurance motion for order vacating entry of dismissal Proper and timely notice of this motion was given to all parties to this action. There has been no response to this motion. This is an action for subrogation and indebtedness. On Augus...

  • Hearing

    Mar 05, 2019

Motion: Motion to Quash Summons as to Billy Ray Campos Tentative Ruling: To grant defendant Billy Ray Campos’ motion to quash summons. All parties have been timely and properly noticed for this matter. There has been no response to this motion. This lawsuit arises out of a motor vehicle accident where the plaintiff claims that defendant Billy...

  • Hearing

    Mar 05, 2019

Motion: Motion to Enforce Settlement Tentative Ruling: To grant plaintiff Mark Ramirez’s Motion to Enforce Settlement Agreement. The court’s file indicates that proper and timely notice for this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS This action arises out the plaintiff’s employment as a ...

  • Hearing

    Mar 05, 2019

Motion: Demurrer to Complaint Tentative Ruling: To sustain defendants’ demurrer with leave 20 days leave to amend All parties have been timely and proper notice of this demurrer. There has been no response to this demurrer. Plaintiff Paul H. King, III raises causes of action in his complaint for conversion and injunctive relief. Defendants ar...

  • Hearing

    Mar 05, 2019

Motions: (1) Motion to Compel Responses to Set One of Demand for Identification and Inspection of Documents; Request for Sanctions [CCP §2030.010, 2023.010 (2) Motion to Compel Responses to Set One of Form Interrogatories and Set One of Special Interrogatories; Request for Sanctions [CCP §2030.010; 2023.010] Plaintiff shall provide full and compl...

  • Hearing

    Mar 05, 2019

Motion: Receiver J. Eric Johnson’s Motion for Discharge of Receiver; Approval of Receiver’s Final Accounting; and Exoneration of Bonds Tentative Ruling: There is no tentative ruling. ...

  • Hearing

    Mar 04, 2019

Motion: Plaintiff Wells Fargo Bank, N.A.’s Motion for Summary Judgment Pursuant to CCP 437C, or in the Alternative, Summary Adjudication Pursuant to CCP 437C(f) Tentative Ruling: There is no tentative ruling in this matter. The parties are directed to meet and confer to resolve this lawsuit. If unable to resolve, counsel and parties are directed ...

  • Hearing

    Mar 04, 2019

Motions: (1) Defendants Chicago Title Company and Bertha Juarez’s Demurrer to Plaintiff’s Complaint; and (2) Defendants Chicago Title Company and Bertha Juarez’s Motion to Strike Plaintiff’s Complaint as to Punitive Damages Allegations Tentative Rulings: (1) To sustain Defendants Chicago Title Company and Bertha Juarez’s Demurrer to Plaintiff’s C...

  • Hearing

    Mar 04, 2019

Motion: Defendant Frank Segura’s Motion to Pay Judgment in Installments Pursuant to Code of Civil Procedure section 582.5 Tentative Ruling: To deny Defendant Frank Segura’s Motion to Pay Judgment in Installments Pursuant to Code of Civil Procedure section 582.5. Proof that plaintiff TD Bank USA, NA was given adequate notice of the motion is not...

  • Hearing

    Mar 04, 2019

Motion: Plaintiffs Shari Vannorsdall and Shenina Eddings’ Motion for Attorney Fees Tentative Ruling: To deny Plaintiffs Shari Vannorsdall and Shenina Eddings’ Motion for Attorney Fees. Proof that defendant Victoria Howard was given adequate notice of the motion is not in the court’s file. The only proof of service filed is for the declaration o...

  • Hearing

    Mar 04, 2019

Motion: Motions for Orders to Compel Respondent’s Responses to Petitioner Robert Miranda’s Demand for Identification and Production of Records and Documents. Set One, Request for Form Interrogatories, Set One; Awarding of Monetary Sanctions; Attorney Fees and Costs. Tentative Ruling: To grant Petitioner Robert Miranda’s motions to compel Responde...

  • Hearing

    Feb 28, 2019

Motion: Plaintiff’s Affidavit of Identity Tentative Ruling: To Grant Plaintiff’s Affidavit of Identity and to Order that John Rector and John J. Rector be added to the names by which the judgment debtor in this action is known. Notice of the affidavit appears to have been adequate. No response to the affidavit has been filed. Plaintiff has file...

  • Hearing

    Feb 28, 2019

Motion: Plaintiff’s Application for Temporary Restraining Order Tentative Ruling: To Deny, without prejudice, Plaintiff’s Application for Temporary Restraining Order Plaintiff seeks a temporary restraining order to prevent R&R Towing of Visalia, California from conducting a lien sale of Plaintiff’s blue Mustang convertible automobile. Plaintiff...

  • Hearing

    Feb 28, 2019

Motion: Defendant’s Demurrer to Plaintiff’s First Amended Complaint Tentative Ruling: To Overrule Defendant’s Demurrer to Plaintiff’s First Amended Complaint. Defendant shall file and serve its answer to the First Amended Complaint within ten (10) days of this order. Plaintiff agreed to process and sell Defendant’s pecan crop. Plaintiff paid De...

  • Hearing

    Feb 28, 2019

Motion: Motion for Order to Show Cause Re: Contempt and to Compel Compliance with the Court’s Orders against Defendant Lupe Rodriguez dba LGP AG Services Tentative Ruling: An Order to Show Cause re; Contempt shall be issued for March 26, 2019 at 8:30 a.m. in Department 7 of this court. Plaintiff shall personally serve defendant Lupe Rodriguez wit...

  • Hearing

    Feb 26, 2019

Motion: Motion to Strike Improper Prayer for Punitive Damages from Plaintiff’s Complaint Tentative Ruling: To grant defendant Lyle D. Griffith, MD’s motion to strike improper prayer for punitive damages from plaintiff’s complaint. Defendant’s Request for Judicial Notice is granted only as to the date of filing of the documents on file with the ...

  • Hearing

    Feb 26, 2019

Motions: (1) Motion to be Relieved as Counsel – Civil; (2) Defendant’s Motion for Attorney Fees and Costs Both motions were properly and timely noticed. There has been no response to either motion. Motion to be Relieved as Counsel -Civil The Court finds that moving party attorney Leonard C. Herr and Herr, Pedersen, & Berglund LLP have complie...

  • Hearing

    Feb 26, 2019

Motion: Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To Deny, without prejudice, plaintiff’s Motion for Preliminary Approval of Class Action Settlement Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff’s class action seeks recovery from...

  • Hearing

    Feb 26, 2019

Motions: (1) Motion for Order Compelling Responses to Demand for Production of Documents; (2) Motion for Order Compelling Answers to Special Interrogatories and Request for Sanctions; (3) Motion for Order that the Genuineness of Documents and Truth of Matters Specified in Plaintiff’s Request for Admissions be Deemed Admitted Tentative Rulings: (1...

  • Hearing

    Feb 26, 2019

Motions: (1) Defendants Allstate Insurance Company and Joe Mabee’s Demurrer to Third Amended Complaint; (2) Defendants Allstate Insurance Company and Joe Mabee’s Motion to Strike the Third Amended Complaint; (3) Defendant Jose Romo’s Demurrer to the Third Amended Complaint (Erroneously Entitled “Second” Amended Complaint); (4) Defendant Jose Romo...

  • Hearing

    Feb 25, 2019

Motion: John Sarsfield and Law Offices of Melo and Sarsfield LLP’s Motion to be Relieved as Counsel – Civil Tentative Ruling: To deny John Sarsfield and Law Offices of Melo and Sarsfield LLP’s Motion to be Relieved as Counsel – Civil without prejudice. Proof of service in the court’s file is not adequate under California Rule of Court, rule 3.1...

  • Hearing

    Feb 25, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 02/16/2019 at 9:00pm Motion...

  • Hearing

    Feb 19, 2019

Motion: Defendant’s Demurrer to Plaintiff’s Complaint Tentative Ruling: To Overrule Defendant’s Demurrer to Plaintiff’s Complaint. Defendant shall file her answer to the Complaint on or before February 25, 2019. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E...

  • Hearing

    Feb 19, 2019

Motion: Demurrer to Amended Complaint Tentative Ruling: To sustain the demurrer of County of Tulare, Cass Cook, Stacy Mawhiny, Jorge Garcia, Kaitlyn Garcia, and Tulare County Tax Assessor, Collectors to plaintiff’s amended complaint with twenty days’ leave to amend. OPERATIVE FACTS Plaintiff Karl Edward Ramsey, Sr.’s alleges in his amended co...

  • Hearing

    Feb 19, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 02/18/2019 at 9:00pm Motion...

  • Hearing

    Feb 19, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 02/17/2019 at 9:00pm Motion...

  • Hearing

    Feb 19, 2019

Motion: Motion to Quash Defendants’ Subpoena for Plaintiffs’ Medical and Psychiatric Records Tentative Ruling: There is no tentative ruling for this matter. The parties are directed to meaningfully meet and confer in good faith to resolve the issues raised in this discovery dispute. If unable to resolve, the parties are directed to personally app...

  • Hearing

    Feb 19, 2019

Motion: Defendant Jose Manuel Carrillo’s Motion to Set Aside Entry of Default. Tentative Ruling: To deny defendant Jose Manuel Carrillo’s motion to set aside entry of default. This is a personal injury action for negligence, negligence per se, and statutory liability that arises out of a traffic accident between a 2000 Lincoln LS sedan and auto...

  • Hearing

    Feb 19, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 02/15/2019 at 9:00pm Motion...

  • Hearing

    Feb 19, 2019

Motion: Demurrer/Plea in Abatement by Defendant Pacific Bell Telephone Company to Plaintiff’s Corrected First Amended Complaint Tentative Ruling: To Overrule the Demurrer/Plea in Abatement by Defendant Pacific Bell Telephone Company to Plaintiff’s Corrected First Amended Complaint. To Order Plaintiff’s claims brought under Labor Code 226(a)(9) st...

  • Hearing

    Feb 19, 2019

Motion: Defendant’s Motion for Summary Judgment Tentative Ruling: To Deny Defendant’s Motion for Summary Judgment Plaintiff seeks recovery for injuries received when an unmarked CHP vehicle, traveling in the opposite direction, collided with her vehicle on Highway 198 near Road 180. Defendant submits 25 material facts in support of its summary ...

  • Hearing

    Feb 19, 2019

Motion: Motion to Compel Responses to Form Interrogatories Against Floyd Kampen and for Sanctions Tentative Ruling: To grant plaintiff’s motion to compel responses against defendant Floyd Kampen. Defendant shall provide full and complete verified responses to plaintiff’s first set of form interrogatories within twenty days from the notice of this...

  • Hearing

    Feb 19, 2019

Motion: Motion for Leave to File First Amended Complaint Tentative Ruling: Plaintiff’s motion for leave to file First Amended Complaint is denied without prejudice. Defendants’ evidentiary objections 1,2, and 3 are overruled. Defendants’ evidentiary objection #4 is sustained. This is a personal injury action that arises out of a motor vehicle...

  • Hearing

    Feb 14, 2019

Motion: Motion to Stay Civil Action Tentative Ruling: To grant defendant Salles Café’s motion to stay civil action This motion arises out of a wrongful death action caused by a motor vehicle accident. Plaintiffs allege that defendant Servando Garcia Lopez was operating under the influence of alcohol at the time of this accident. The facts of ...

  • Hearing

    Feb 14, 2019

Motion: Motion to Set Aside Entry of Default Tentative Ruling: To deny defendants motion to set aside default without prejudice. Defendants’ motion is procedurally defective on two fronts. CCP §473(b) explicitly states that “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismi...

  • Hearing

    Feb 14, 2019

Motion: Motion for Summary Judgment Tentative Ruling: To deny defendants’ motion for summary judgment The court has ruled on the plaintiff’s and defendants’ objections to evidence on the respective forms provided by the parties. OPERATIVE FACTS On May 22, 2017, plaintiff Jordan Belk went to a trampoline park owned by defendant Quantumleap. ...

  • Hearing

    Feb 14, 2019

Motions: (1) Plaintiff Rene Valero’s Motions to Compel Defendant FCA US LLC’s Supplemental Responses to (1) Special Interrogatories Nos. 1, 14, 44, 46, 61-64, 67-69, 74-76 and 79 and Request for Monetary Sanctions of $2,862.50; (2) Request for Production Nos. 6-8, 9, 15, 18, 20, 23, 27, 32, and 37-39 and Request for Monetary Sanctions of $2,577.5...

  • Hearing

    Feb 11, 2019

Motion: Defendants Domingo Sustaita, Villa Park Trucking, Inc., and Young’s Commercial Transfer, Inc.’s Motion for Summary Judgment or, in the Alternative, for Summary Adjudication Tentative Ruling: To deny Defendants Domingo Sustaita, Villa Park Trucking, Inc. and Young’s Commercial Transfer, Inc.’s Motion for Summary Judgment and to grant the A...

  • Hearing

    Feb 11, 2019

Motion: Motion for Judgment on the Pleadings Tentative Ruling: No tentative ruling shall be issued for this matter. The matter is concurrently set for Settlement Conference on February 7, 2019. The parties are to appear and participate in Settlement Conference in good faith. If the parties do not fully resolve at Settlement Conference the Court w...

  • Hearing

    Feb 07, 2019

Motion: Petition for Approval of Transfer of Structured Settlement Payment Rights Tentative Ruling: To deny the petition of Circle Orchard LLC for approval of transfer of structured settlement payment rights Under Insurance Code section 10139.5, the petition is procedurally deficient and the requested transfer is unreasonable and not in the bes...

  • Hearing

    Feb 07, 2019

Motions: (1) Plaintiff’s Motion for Summary Adjudication; (2) Motion for Protective Order Prohibiting, or in the Alternative, Limiting the Depositions of Current and Former Out-of- State Employees Tentative Rulings: (1) Plaintiff’s Motion for Summary Adjudication is denied There is no tentative ruling on defendants’ Motion for Protective Order ...

  • Hearing

    Feb 07, 2019

Motions: (1) Motion by Defendants Frank Feng, D.O. and Sequoia Orthopaedic and Spine Institute, Inc. for Summary Judgment or, in the Alternative, for Summary Adjudication; and (2) Motion by Defendant Sequoia Surgery Center, LLC for Summary Judgment. Tentative Rulings: (1) To Grant the Motion by Defendants Frank Feng, D.O. and Sequoia Orthopaedic ...

  • Hearing

    Feb 07, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 02/05/2019 at 9:00pm Motion...

  • Hearing

    Feb 06, 2019

Motion: Demurrer by Defendant Harvest Power, LLC to Plaintiff’s First Amended Complaint Tentative Ruling: To Overrule the Demurrer by Defendant Harvest Power, LLC to Plaintiff’s First Amended Complaint as to all causes of action. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this order. For purposes of a...

  • Hearing

    Feb 06, 2019

Motion: Defendants Farley Law Firm and Michael L. Farley’s Motion for an Order Granting Leave to File an Amended Answer Tentative Ruling: To grant Defendants Farley Law Firm and Michael L. Farley’s Motion for an Order Granting Leave to File an Amended Answer. Defendants Farley Law Firm and Michael L. Farley’s (collectively defendants) request f...

  • Hearing

    Feb 04, 2019

Motion: Plaintiff Midland Funding LLC’s Motion for Order that Matters in Request for Admission of Truth of Facts be Admitted Tentative Ruling: There is no tentative ruling. The parties are to meaningfully meet and confer to resolve this motion and underlying lawsuit. No CourtCall is permitted. ...

  • Hearing

    Feb 04, 2019

Motions: (1) Defendant J & C Truck Lines, Inc.’s Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories, Set One, and for an Award of Monetary Sanctions Against Plaintiff; (2) Defendant J & C Truck Lines, Inc.’s Motion to Compel Plaintiff’s Verified Responses to Request for Production of Documents, Set One and for an Award of Monet...

  • Hearing

    Feb 04, 2019

Motion: Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc.’s Demurrer to Plaintiff’s Complaint Tentative Ruling: To sustain Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insura...

  • Hearing

    Feb 04, 2019

Motion: Plaintiff Villa Del Arroyo Moorpark LLC’s Motion for Award of Attorney Fees and Costs Tentative Ruling: To grant Plaintiff Villa Del Arroyo Moorpark LLC’s Motion for Award of Attorney Fees and Costs. Proof of service in the court’s file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff Vi...

  • Hearing

    Feb 04, 2019

Motion: Defendant Linda Delisio’s Motion To Set Aside and Vacate Entry Of Default Judgment Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this motion and the underlying lawsuit. No CourtCall is permitted. ...

  • Hearing

    Feb 04, 2019

Motion: Petition for Order Releasing Property from Claim of Mechanics’ Lien and Request for Attorneys’ Fees Tentative Ruling: To Grant the Petition for Order Releasing Property from Claim of Mechanics’ Lien and to Order Plaintiff’s real property commonly known as 800 W. Acequia, Visalia, California 93291 is released from Respondent’s Mechanics’ L...

  • Hearing

    Jan 31, 2019

Motion: (1) Demurrer by Defendant Tri-County Medical Transport, Inc. to Plaintiffs’ Amended Complaint; and (2) Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiffs’ Amended Compliant. Tentative Ruling: (1) To Sustain the Demurrer by Defendant Tri-County Medical Transport, Inc. to Plaintiffs’ Amended Complaint...

  • Hearing

    Jan 31, 2019

Motion: (1) Demurrer by Defendant Nancy Lampros to Plaintiff’s Second Amended Complaint Tentative Ruling: To Overrule the Demurrer by Defendant Nancy Lampros to Plaintiff’s Second Amended Complaint as to all causes of action. Defendant shall file an answer to the Second Amended Complaint within ten (10) days of this order. For purposes of asses...

  • Hearing

    Jan 30, 2019

Motion: (1) Demurrer by Defendant Brandon Moody to Plaintiff’s First Amended Complaint Tentative Ruling: To Overrule the Demurrer by Defendant Brandon Moody to Plaintiff’s First Amended Complaint. Defendant shall file and serve his answer to the First Amended Compliant on or before February 4, 2019. Defendant’s demurrer filed January 24, 2019 c...

  • Hearing

    Jan 29, 2019

Motions: Defendants Farley Law Firm and Michael L. Farley’s Motions to Compel Michael P. Owens and Melanie D. Owens’ Further Responses (1) to Form Interrogatories and Special Interrogatories, Set One and Request for Monetary Sanctions; (2) to Request for Admissions as to Genuineness of Documents, Set Two, and Request for Monetary Sanctions; (3) for...

  • Hearing

    Jan 28, 2019

Motion: Plaintiff Orosi Public Utility District’s Motion for Order of Possession Prior to Judgment Tentative Ruling: To grant Plaintiff Orosi Public Utility District’s Motion for Order of Possession Prior to Judgment. Proof of service in the court’s file indicates notice of the motion is adequate. No response to the motion has been filed. Und...

  • Hearing

    Jan 28, 2019

Motion: Prospective Intervenor Nolberto Apodaca’s Application for Leave to File Complaint in Intervention Tentative Ruling: To grant Prospective Intervenor Nolberto Apodaca’s Application for Leave to File Complaint in Intervention. Proof of service in the court’s file indicates notice of the motion is adequate. No response to the motion has bee...

  • Hearing

    Jan 28, 2019

Motion: Motion to Compel Appearance at Deposition and Production of Records Tentative Ruling: To grant Petitioner Maira Masood Butt’s Motion to Compel Respondent Muhammad Salman Chaudhri’s appearance at deposition and production of records. Petitioner’s counsel and Respondent are directed to coordinate dates for Respondent’s deposition to be comm...

  • Hearing

    Jan 24, 2019

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 01/23/2019 at 9:01pm Motion...

  • Hearing

    Jan 24, 2019

Motion: Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: Tentative Ruling: To Deny, without prejudice, plaintiff’s Motion for Preliminary Approval of Class Action Settlement Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff’s class action s...

  • Hearing

    Jan 24, 2019

Motion: Plaintiff’s Application, Alternatively, to Confirm Settlement Pursuant to CCP §664.6 Tentative Ruling: The Court denies the plaintiff’s application to confirm settlement under CCP §664.6. The Court further directs the clerk of this court to calendar an Order to Show Cause Re: Status of Settlement for February 28, 2019 at 8:30 a.m. in Depa...

  • Hearing

    Jan 22, 2019

Motion: Defendants Pleasant Valley Canal Company and Richard Waller’s Motion to Change Venue Canal Company’s Tentative Ruling: To deny Defendants Pleasant Valley Canal and Richard Waller’s Motion to Change Venue Defendants Pleasant Valley Canal Company and Richard Waller’s Request for Judicial Notice is granted under Evidence Code 452 (h) Thi...

  • Hearing

    Jan 22, 2019

Motion: Motion to Quash Defendants’ Subpoena for Plaintiffs’ Medical and Psychiatric Records Tentative Ruling: There is no tentative ruling for this matter. The parties are directed to meaningfully meet and confer in good faith to resolve the issues raised in this discovery dispute. If unable to resolve, the parties are directed to personally app...

  • Hearing

    Jan 22, 2019

Motions: (1) Motion to Compel Further Responses From Defendant and Cross-Complainant Raul Gonzalez to Request for Production of Documents and for Sanctions; (2) Motion to Compel Further Responses From Defendant and Cross-Complainant Steelex Industrial, Inc. to Request for Production of Documents and for Sanctions Tentative Rulings: There are no t...

  • Hearing

    Jan 22, 2019

Motion: Plaintiff’s Motion for Affidavit of Identity Pursuant to CCP 674(c) Tentative Ruling: To Deny Plaintiff’s Motion for Affidavit of Identity without prejudice. There is no proof of service in the file indicating that notice of the motion was provided. In addition to parties, the court requires notice be given to counsel for John Rector ak...

  • Hearing

    Jan 17, 2019

Motion: Plaintiff’s Motion for Electronic Service Order Tentative Ruling: To Deny Plaintiff’s Motion for Electronic Service Order This court has not adopted a local rule of court requiring electronic filing in civil actions as permitted under CCP 1016.6(d). Under these circumstances, electronic service is authorized only by agreement of the par...

  • Hearing

    Jan 17, 2019

Motion: (1) Defendants’ Motion to Vacate Trial and Related Pre-Trial Dates or, in the Alternative, to Continue Same; and (2) Motion by Bridgestone Americas Defendants to Compel Plaintiff Humberto Sanchez’s Response to Request for Production of Physical Evidence and Request for Monetary Sanctions. Tentative Ruling: (1) There is no tentative ruling...

  • Hearing

    Jan 17, 2019

Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds Tentative Ruling: To Continue the hearing on the Motion by Defendant Rune Kraft for Release of Deposited Funds to Thursday, February 14, 2019 at 8:30 a.m. in Department 2 and to Order Defendant Rune Kraft to appear and show cause why monetary sanctions in the sum of $500.00 sho...

  • Hearing

    Jan 17, 2019

Motion: Demurrer by Defendant County of Tulare to Plaintiff’s Complaint Tentative Ruling: To Sustain, without leave to amend, the Demurrer by Defendant County of Tulare to Plaintiff’s Complaint Proof of service in the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. Plaintiff has failed to assert...

  • Hearing

    Jan 17, 2019

Motion: Motion for Preliminary Injunction Tentative Ruling: Plaintiff Paul H. King III’s motion for preliminary injunction against the California Department of Motor Vehicles is denied without prejudice. California Vehicle Code §24.5 states that “All civil process in actions brought against the director and the Department of Motor Vehicles and ...

  • Hearing

    Jan 15, 2019

Motion: Motion to be Relieved as Counsel - Civil Tentative Ruling: To grant attorney Larry M. Lee’s motion to be relieved as counsel – civil for plaintiff Fernando Macias Ibarra. The Court notes from a review of its file that moving party attorney Larry M. Lee of the Law Offices of Larry M. Lee attempted service of this motion on plaintiff Fern...

  • Hearing

    Jan 15, 2019

Motions: Demurrer to Plaintiffs’ Complaint; Motion to Strike Allegations from Plaintiffs’ Complaint Defendant shall have twenty days leave to answer the plaintiffs’ complaint. Defendants Request for Judicial Notice is granted only as to the date of filing of the referenced complaint and demurrer and other documents in the Court’s file that are ...

  • Hearing

    Jan 15, 2019

Motion: The People of the State of California’s Motion for Order to Strike Claim Tentative Ruling: To grant the People of the State of California’s Motion for Order to Strike Claim. Proof of service in the court’s file indicates notice of the motion was adequate. No response to the motion has been filed. The People of the State of California ...

  • Hearing

    Jan 14, 2019

Motions: (1) Plaintiff Sandra McGuire’s Motion to Strike Defendant’s Answer; to the Complaint and for Entry of Judgment in Plaintiff’s Favor with Meet and Confer Requirements; and (2) Plaintiff Sandra McGuire’s Motion to Amend Second Amended Complaint Tentative Rulings: (1) To deny Plaintiff Sandra McGuire’s Motion to Strike Defendant’s Answer; t...

  • Hearing

    Jan 14, 2019

Motion: Plaintiff Jose Ochoa’s Motion to Compel Defendant Knight Transportation, Inc. to Provide Further Responses to Request for Production of Documents, Set One and to Produce Documents, and Request for Monetary Sanctions Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve their di...

  • Hearing

    Jan 14, 2019

Motion: Plaintiff McMillin Homes Construction, Inc.’s Motion to Compel Production of Documents Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve their discovery dispute. No CourtCall is permitted. ...

  • Hearing

    Jan 14, 2019

Motions: (1) Plaintiff Alex L. Pena’s Motion for Final Approval of Class Action Settlement; and (2) Plaintiff Alex L. Pena’s Motion for Stipulated Attorneys’ Fees and Costs Tentative Rulings: (1) To grant Plaintiff Alex L. Pena’s Motion for Final Approval of Class Action Settlement; and (2) To grant Plaintiff Alex L. Pena’s Motion for Stipulated ...

  • Hearing

    Jan 14, 2019

Motions: (1) Defendant and Cross-Complainant Ruth A. Morgan’s Demurrer to the Verified Amended Complaint for Specific Performance to Command Sale of House and alternatively for Breach of Contract filed by Plaintiff, Robert Tabares; and (2) Plaintiff and Cross-Defendant’s Counsel Matthew V. Brady’s Motion to be Relieved as Counsel for Robert Tabares...

  • Hearing

    Jan 14, 2019

Motion: Demurrer by Defendant Brandon Moody Tentative Ruling: To Sustain the Demurrer by Defendant Brandon Moody with leave to amend. Plaintiff shall file any amended complaint within ten (10) days of this order. Plaintiff has not filed a proof of service showing the Summons and Complaint have been served. Defendant’s demurrer filed January 4, ...

  • Hearing

    Jan 11, 2019

Motion: Demurrer by Defendant H and B Truck Lines, Inc. to Plaintiff’s Complaint Tentative Ruling: To Overrule the Demurrer by Defendant H and B Truck Lines, Inc. to Plaintiff’s Complaint. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, ...

  • Hearing

    Jan 09, 2019

Motion: Plaintiff Blanca Lucatero’s Motion to Quash and/or Modify Defendant Octavio Lora Ruiz’s Subpoena Duces Tecum for Employment Records Tentative Ruling: This matter is off-calendar, as the parties have stipulated that the records at issue in this motion will be produced to the extent agreed upon in the parties’ stipulation. ...

  • Hearing

    Jan 08, 2019

Motions: (1) Motion to Compel Initial Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Compel Initial Responses to Special Interrogatories, Set One, and Request for Sanctions; (3) Motion to Compel Initial Responses to Request for Production of Documents, Set One, and Request for Sanctions Plaintiff shall also p...

  • Hearing

    Jan 08, 2019

Motion: Plaintiff Gilberto Chavez Munoz’s Motion for Attorney’s Fees Tentative Ruling: There is no tentative ruling in in this matter. The parties are directed to meaningfully meet and confer to resolve this motion. No CourtCall is permitted. ...

  • Hearing

    Jan 07, 2019

Motion: Defendant Antonio Villegas’s Motion to Set Aside Default and Default Judgment Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this matter. No CourtCall is permitted. ...

  • Hearing

    Jan 07, 2019

Motion: Plaintiff TD Bank USA, NA’s Motion for Judgment on the Pleadings Tentative Ruling: To grant Plaintiff TD Bank USA, NA’s Motion for Judgment on the Pleadings Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff’s complaint alleges defendant Frank Segura owes $2389...

  • Hearing

    Jan 07, 2019

Motion: Plaintiff Diego Medina’s Motion for Final Approval of Class Action Settlement Tentative Ruling: To grant Plaintiff Diego Medina’s Motion for Final Approval of Class Action Settlement. The court preliminarily approved the terms of the settlement on August 29, 2018, including the form of notice, provisions for payment of costs, attorneys’...

  • Hearing

    Jan 07, 2019

Motion: Application for an Order Enforcing the Settlement Agreement, Imposing Attorneys’ Fees as Sanctions, or in the Alternative an OSC re Settlement Tentative Ruling: To grant plaintiff Central Valley’s Application for an Order Enforcing the Settlement Agreement against Defendants York Canadian Grain Trading, and Nazih Fahs (collectively, “York...

  • Hearing

    Jan 03, 2019

Motion: Defendant Steve Rutkoske’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication Tentative Ruling: To grant defendant Steve Rutkoske’s motion for summary judgmen The Court notes that timely and proper notice was given. There has been no response to this motion. OPERATIVE FACTS Plaintiffs Lorenzo Vargas Castro and ...

  • Hearing

    Jan 03, 2019

Motions: Plaintiff’s Motions for (1) Terminating Sanctions; (2) To Compel Responses to Special Interrogatories, Set Two; (3) To Compel Response to Inspection Demands, Set Two; (4) To Deem Documents Genuine and Truth of Facts Admitted; and (5) Monetary Sanctions. The documents identified as Exhibits “1,” “2,” and “3” in plaintiff’s motion to compe...

  • Hearing

    Dec 18, 2018

Motion: Motion for Final Approval of Class Action Settlement, Class Representative, Enhancement Payment, and Attorneys’ Fees and Costs” Tentative Ruling: To grant plaintiff’s motion for Final Approval of Class Action Settlement, Class Representative, Enhancement Payment, and Attorneys’ Fees and Costs” as itemized below. The Court notes that all...

  • Hearing

    Dec 18, 2018

Motion: Defendant Tulare Nursing and Rehabilitation’s Demurrer to Third Amended Complaint and Motion to Strike Tentative Ruling: To sustain defendant Tulare Nursing and Rehabilitation Center’s (TRMC)demurrer to the causes of action for elder abuse without leave to amend. Based on this court’s ruling as to defendant Tulare Nursing and Rehabilitati...

  • Hearing

    Dec 18, 2018

Motion: Plaintiff’s Motion for Leave to Amend the Complaint Tentative Ruling: To Grant Plaintiff’s Motion for Leave to Amend the Complaint. Plaintiff shall file and serve his First Amended Complaint within five (5) days of this order. Plaintiff’s contract claims have been submitted to arbitration pursuant to an agreement to arbitrate. The arbit...

  • Hearing

    Dec 18, 2018

Motion: Petitioner Michelle A. Tillery’s Amended Petition for Writ of Administrative Mandamus Tentative Ruling: To Deny Petitioner Michelle A. Tillery’s Amended Petition for Writ of Administrative Mandamus. Petitioner Michelle A. Tillery seeks a writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. The writ is direc...

  • Hearing

    Dec 17, 2018

Motion: Defendants’ Motion for Summary Judgment or Adjudication Tentative Ruling: To Deny Defendants’ Motion for Summary Judgment and to Deny the alternative motion for Summary Adjudication as to all issues submitted. In her Complaint, Plaintiff asserts eight causes of action against Defendants for harassment, discrimination, and wrongful termi...

  • Hearing

    Dec 13, 2018

Motions: (1) Motion to Compel Responses to Form Interrogatories from FCA US LLC and Request for Sanctions in the Amount of $2,000 Against FCA US LLC and its Attorneys of Record; (2) Motion to Compel Responses to Request for Production of Documents from FCA US LLC and Request for Sanctions in the Amount of $3,000 Against FCA US LLC and its Attorneys...

  • Hearing

    Dec 13, 2018

Motions: Application of Joseph H. Blum to Appear as Counsel Pro Hac Vice Tentative Ruling: To grant the application of attorney Joseph H. Blum to appear as counsel Pro Hac Vice for defendant Zoetis, Inc. in this action. The Court’s file indicates that timely and proper notice was given to all parties affected to attorney Blum’s application to a...

  • Hearing

    Dec 13, 2018

Motion: Motion for Final Approval of Class Action Settlement, Class Representative, Enhancement Payment, and Attorneys’ Fees and Costs Tentative Ruling: The hearing on this matter is continued to December 18, 2018 at 8:30 a.m. in Department 7 of this Court If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and Cal...

  • Hearing

    Dec 11, 2018

Motion: Plaintiff’s Unopposed Motion for Preliminary Approval of Class Action Settlement and Provisional Certification of Class Tentative Ruling: Plaintiff’s Unopposed Motion for Preliminary Approval of Class Action Settlement and Provisional Certification of Class is granted and Orders issued as identified in this ruling. Defendant CFS, LP is ...

  • Hearing

    Dec 11, 2018

Motion: Motion to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents Tentative Ruling: To grant County of Tulare’s motion to compel further responses from plaintiff to its first sets of form interrogatories, special interrogatories, and first request for production of documents. Plai...

  • Hearing

    Dec 11, 2018

Motion: Demurrer by Defendants Wells Fargo Bank, N.A. and U.S. Bank National Association to Plaintiff’s Complaint Tentative Ruling: To Sustain the Demurrer by Defendants Wells Fargo Bank, N.A. and U.S. Bank National Association to Plaintiff’s Complaint as to all causes of action, with leave to amend. Plaintiff shall file any amended complaint wit...

  • Hearing

    Dec 11, 2018

Motion: Motion for Order that Matters in Truth of Facts be Admitted Tentative Ruling: To grant plaintiff Bank of America, N.A.’s Motion for Order that Matters in Truth of Facts be Admitted. The facts and allegations set forth in Request for Admissions 1-5 of plaintiff’s first set of request for admission to defendant Bruce J. Herrick shall be dee...

  • Hearing

    Dec 06, 2018

Motion: Motion for a Court Order that Matters in Request for Admissions be Admitted Tentative Ruling: To grant plaintiff’s motion for a court order that matters in request for admissions be admitted. The facts and allegations stated in Request for Admissions 1-5 of plaintiff’s first set of requests for admissions to defendant Ricardo Alavos shall...

  • Hearing

    Dec 06, 2018

Motion: Motion for a Court Order Relieving Plaintiff from the Provisions of Government Code §945.4 (reference Government Code §946.6) Tentative Ruling: To deny plaintiff Albert Hernandez’s motion for a court order relieving plaintiff from the provisions of Government Code §945.4 (reference Government Code §946.6) California Rule of Court 3.1113...

  • Hearing

    Dec 06, 2018

Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds Tentative Ruling: To Deny the Motion by Defendant Rune Kraft for Release of Deposited Funds. Movant continues to file serial motions which remain deficient for the same reasons stated in the court’s prior rulings on July 26, 2018, August 23, 2018, October 11, 2018, and Novemb...

  • Hearing

    Dec 06, 2018

Motion: Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To Deny, without prejudice, Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff’s class action seeks r...

  • Hearing

    Dec 06, 2018

Motion: Motion by Defendant John Birdsell Construction, Inc. for Determination of Good Faith Settlement with Plaintiffs Tuan Flower, et al. Tentative Ruling: To Grant the Motion by Defendant John Birdsell Construction, Inc. for Determination of Good Faith Settlement with Plaintiffs Tuan Flower, et al. Proof of service in the file indicates noti...

  • Hearing

    Dec 06, 2018

Motion: Plaintiff’s Motion for Judgment on the Pleadings Tentative Ruling: To deny plaintiff’s motion for judgment on the pleadings without prejudice. Plaintiff has failed to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Procedure §§439(a)(3) within the time limitations set forth in that ...

  • Hearing

    Dec 04, 2018

Motion: Motion for Injunctive Relief Tentative Ruling: Plaintiff’s Motion for Injunctive Relief is denied. OPERATIVE FACTS Plaintiffs’ case arises out of a dispute under the California Voting Rights Act (CRVA). Elections Code §§14025 mandates voting by district versus at-large. On December 19, 2017, plaintiffs and the City of Porterville ex...

  • Hearing

    Dec 04, 2018

Motions: (1) Plaintiff’s Motion to Compel Defendant Wawona Packing Co. LLC’s Further Response to Form Interrogatories – Employment Law (Set One); (2) Plaintiff’s Motion to Compel Defendant Wawona Packing Co. LLC’s Further Responses to Request for Production of Documents (Set One); and (3) Plaintiff’s Motion to Compel Defendant Wawona Packing Co. LL...

  • Hearing

    Dec 04, 2018

Motion: Application for Order Authorizing Sale of Livestock Tentative Ruling: To grant plaintiff’s application for order authorizing sale of livestock Frings Ranch LP’s Request for Judicial Notice is granted only as to the date of filing of the documents on file with the Court for this action on in the file of the United States Bankruptcy Court...

  • Hearing

    Dec 04, 2018

Motion: Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement Tentative Ruling: There is no tentative ruling in this matter. ...

  • Hearing

    Dec 03, 2018

Motions: (1) Defendant Jose Romo’s Demurrer to the Second Amended Complaint; (2) Defendant Jose Romo’s Motion to Strike Portions of the Second Amended Complaint; (3) Defendants Allstate Insurance Company and Joe Mabee’s Demurrers to Complaint (sic) and Motion to Strike Claims; and (4) Defendants Allstate Insurance Company and Joe Mabee’s Motion to ...

  • Hearing

    Dec 03, 2018

Motion: Plaintiff’s Motion for Order Granting Final Approval of Class Action Settlement Tentative Ruling: There is no tentative ruling in this matter. ...

  • Hearing

    Dec 03, 2018

Motion: Demurrer by Defendant Aaron McAfee to Plaintiffs’ Second Amended Complaint Tentative Ruling: To Sustain the Demurrer by Defendant Aaron McAfee to Plaintiffs’ Second Amended Complaint as to all causes of action, with leave to amend. Any Third Amended Complaint shall be filed and served within ten (10) days of this order. Defendant Aaron ...

  • Hearing

    Nov 29, 2018

Motion: Defendant’s Motion to Set Aside Default Pursuant to CCP §473 Tentative Ruling: To grant defendant Leticia Franco’s motion to set aside default under CCP §473(b). Defendant shall file her answer to the plaintiff’s complaint within five days from the notice of this ruling. OPERATIVE FACTS On August 2, 2018, plaintiff Eliseo Renteria fil...

  • Hearing

    Nov 29, 2018

Motion: Motion to Compel Further Responses to Demand for Production of Documents Tentative Ruling: There is no tentative ruling for this matter. The parties are directed to meaningfully meet and confer in good faith to resolve the issues raised in this discovery motion. If unable to resolve, the parties are directed to personally appear at the he...

  • Hearing

    Nov 29, 2018

Motion: Demurrer Brought by Defendant Tri-County Medical Transport to Plaintiffs’ Complaint for Elder Abuse, Negligence, and Wrongful Death Tentative Ruling: Plaintiff filed a First Amended Complaint on November 14, 2018 referencing both case numbers 261167 and 272657. The amendment was filed timely. Defendant’s Demurrer is off calendar. The part...

  • Hearing

    Nov 29, 2018

Motion: Centex’s Motion to Bifurcate Crawford Claims and Stay Crawford Discovery Tentative Ruling: To grant Centex’s Motion to Bifurcate Crawford Claims and Stay Crawford Discovery A review of the Court’s file for this action indicates that all parties were given proper notice of this motion. There has been no response to this motion. OPERATI...

  • Hearing

    Nov 29, 2018

Motion: (1) Petitioners’ Motion to Calendar Trial Date; and (2) Petitioners’ Motion to Augment the Record Tentative Ruling: There is no tentative ruling on these motions. The parties are directed to appear prepared to discuss any remaining issues related to the administrative record in this matter. The parties should also be prepared to discuss a...

  • Hearing

    Nov 28, 2018

Motion: (1) Motion by Defendants Smartway Express, Inc. and Smartway Logistics, Inc. to Transfer Venue to Fresno County; and (2) Motion by Defendant REI, Inc. to Transfer Venue to Fresno County and Request for Attorneys’ Fees Tentative Ruling: (1) To Deny the Motion by Defendants Smartway Express, Inc. and Smartway Ligistics, Inc. to Transfer Ven...

  • Hearing

    Nov 28, 2018

Motion: Defendant’s Motion for Summary Judgment or, in the Alternative, for Summary Adjudication Tentative Ruling: to Deny Defendant’s Motion for Summary Judgment and to deny the alternative motion as to all issues submitted for Summary Adjudication. Plaintiff’s objections to the declaration of Patrick Harrison are overruled. Plaintiff’s object...

  • Hearing

    Nov 27, 2018

Motion: Demurrer to First Amended Complaint Tentative Ruling: To sustain defendants Cotti Foods Corporation and Stephen M. Dees’ demurrer to plaintiff’s first amended complaint without leave to amend. The Court’s file indicates that proper and timely notice was given to the plaintiff at the address indicated in his first amended complaint. Pl...

  • Hearing

    Nov 27, 2018

Motion: Defendant’s Motion to Set Compensation for the Depositions of Plaintiff’s Retained Experts Tentative Ruling: There is no tentative ruling on this motion. The parties are directed to meet and confer in an effort to resolve their disputes over the hourly fees of Plaintiff’s three retained experts. If the parties are unable to reach an agree...

  • Hearing

    Nov 27, 2018

Motion: Motion for Judgment on the Pleadings Tentative Ruling: To deny defendants and cross complainants Tommy Dukes and Sarah Dukes’ motion for judgment on the pleadings. The Court notes from a review of its file that timely and proper notice was given to all parties. There has been no response to this motion. OPERATIVE FACTS This wrongful...

  • Hearing

    Nov 20, 2018

Motion: Motion by Defendant to Quash Service of Summons and Complaint Tentative Ruling: There is no tentative ruling on this motion. The parties are directed to meet and confer in an effort to resolve their dispute over service of the Complaint. If the parties are unable to reach an agreement, both parties are directed to appear on this motion in...

  • Hearing

    Nov 20, 2018

Motion: Motion to Set Aside Default and Default Judgment Tentative Ruling: This motion is denied without prejudice because of the defendant’s failure to give proper and timely notice to the responding party. See Code of Civil Procedure §1005(b). If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rul...

  • Hearing

    Nov 20, 2018

Motion: Defendant and Cross-Complainant Ruth A. Morgan’s Motion to Expunge Lis Pendens Tentative Ruling: There is no tentative ruling in this matter. The parties are directed to meaningfully meet and confer to resolve this motion. If unable to resolve on the merits the attorneys are directed to personally appear at the hearing on the motion. No C...

  • Hearing

    Nov 16, 2018

Motions: (1) Motion to Compel Defendant Rocky J. Pipkin’s Responses to Request for Production of Documents (set one) and Request for Sanctions; (2) Motion to Deem Admitted Defendant Rocky J. Pipkin’s Responses to Request for Admissions (set one) and for Sanctions; (3) Motion to Compel Defendant Rocky J. Pipkin’s Responses to Form Interrogatories (s...

  • Hearing

    Nov 15, 2018

Motion: Plaintiff’s Motion for Judgment on the Pleadings Tentative Ruling: To grant plaintiff First Investors Servicing Corp.’s Motion for Judgment on the Pleadings The proof of servce on file with the Court for this matter indicates that defendant Cindy Whitlock received timely and proper notice of this motion for judgment on the pleadings at ...

  • Hearing

    Nov 13, 2018

Motion: Motion by Plaintiff Jarnail Singh to Tax Costs of Defendants Kaweah Container and Emillio Hernandez Tentative Ruling: Plaintiff’s Motion to Tax Costs is off Calendar. Defendants filed an Amended Memorandum of Costs on October 26, 2018. If Plaintiff has objections to the amended cost bill, a new motion to tax costs will be required. ...

  • Hearing

    Nov 13, 2018

Motion: Motion for Reconsideration for Leave to Amend Complaint Regarding Ruling Dated 7-17-18 on Demurrer to Plaintiff’s First Amended Complaint Tentative Ruling: Plaintiff’s Motion for Reconsideration for Leave to Amend Complaint Regarding Ruling Dated 7-17-18 on Demurrer to Plaintiff’s First Amended is denied. Plaintiff Robert Hart filed thi...

  • Hearing

    Nov 13, 2018

Motion: Defendant Lydia Sarandos’ Demurrer to Complaint for Unlawful Detainer Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this case. If unable to resolve on the merits, the parties are directed to personally appear at the hearing on the demurrer. No CourtCall is permitted if ...

  • Hearing

    Nov 09, 2018

Motion: Continued Hearing on Defendant Asset Campus Housing, Inc.’s Motion to Compel Arbitration and to Stay or Dismiss the Proceedings Pending the Outcome of Arbitration Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this motion. If unable to resolve on the merits, the parties ...

  • Hearing

    Nov 09, 2018

Motion: Defendants’ Application for Order Dismissing Action and Entry of Judgment for Defendants Tentative Ruling: To Deny Defendants’ Application for Order Dismissing Action and Entry of Judgment for Defendants for lack of jurisdiction. Plaintiff filed a notice of appeal in this action on July 11, 2018. The following was issued by the court ...

  • Hearing

    Nov 09, 2018

Motion: Motion to be Relieved as Counsel Tentative Ruling: To deny the motion of attorney Anthony Munoz of Phillips Law to be Relieved as Counsel for plaintiffs Orpheus and Dora Haywood without prejudice. Attorney Munoz’s Motion to be Relieved as Counsel for defendants Orpheus and Dora Harwood is defective on two fronts. There is no proof of se...

  • Hearing

    Nov 08, 2018

Motion: Demurrer to Complaint; Motion for Extension of Time to Respond to Defendant Tulare County Demurrer The Court notes from a review of its file that timely and proper notice of the demurrer was given to the plaintiff. No opposition has been filed by plaintiff. OPERATIVE FACTS On July 10, 2017, plaintiff Albert Hernandez was arrested by off...

  • Hearing

    Nov 08, 2018

Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds Tentative Ruling: To Deny the Motion by Defendant Rune Kraft for Release of Deposited Funds Movant again seeks an order to obtain funds on deposit with the court. Movant has filed essentially the same, repetitive motion on multiple occasions. Movant states no new facts or law...

  • Hearing

    Nov 08, 2018

Motion: Plaintiff’s Motion for Order to Compel Defendant, Timothy Wayne Thompson, to Appear at Deposition and Provide Further Responses and Request for Sanctions. Tentative Ruling: To Grant Plaintiff’s Motion for Order to Compel Defendant, Timothy Wayne Thompson, to appear at Deposition and Provide Further Responses and to Deny the Request for Sa...

  • Hearing

    Nov 07, 2018

Motion: Demurrer by Defendant Nancy Lampros to Plaintiff’s First Amended Complaint Tentative Ruling: To Sustain the Demurrer by Defendant Nancy Lampros to Plaintiff’s First Amended Complaint as to all causes of action, with leave to amend. Plaintiff shall file and serve any Second Amended Complaint within fourteen (14) days of this order. For p...

  • Hearing

    Nov 07, 2018

Motion: Plaintiff’s Motion for Judgment Pursuant to Defendant’s Default under Stipulation Tentative Ruling: To Grant Plaintiff’s Motion for Judgment and to Order Judgment for Plaintiff and against Defendant Francine Levya in the principal sum of $2,718.59 plus court costs in the sum of $579.50 for a total judgment of $3,298.09. Proof of service...

  • Hearing

    Nov 07, 2018

Motion: Motion for Order to Compel the Deposition of Defendant Lupe Rodriguez dba LGP AG Services; Request for Monetary Sanctions in the Amount of $8,369.00 Tentative Ruling: There is no tentative ruling for this discovery motion. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable t...

  • Hearing

    Nov 06, 2018

Motion: Motion by Plaintiff for Determination of Damages, Attorneys’ Fees, and Costs under CCP 998 Offer to Compromise Tentative Ruling: There is no tentative ruling on this motion. The parties are directed to meet and confer in an effort to resolve their disputes over terms of a CCP 998 settlement. If the parties are unable to reach an agreement...

  • Hearing

    Nov 06, 2018

Motion: Motion to Compel Attendance at Deposition, Production of Documents, and for Monetary Sanctions in the Amount of $3,448.75 Tentative Ruling: There is no tentative ruling for this discovery motion. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable to resolve, the parties are ...

  • Hearing

    Nov 06, 2018

Motion: Motion for Modification of Judgment by Adding an Additional aka to the Judgment Debtor’s Name Tentative Ruling: To grant plaintiff AMCO Insurance Company’s Motion for Modification of Judgment by Adding an Additional aka to the Judgment Debtor’s Name OPERATIVE FACTS Judgment Debtor Deanna Lozano was the defendant in a subrogation action ...

  • Hearing

    Nov 01, 2018

Motion: Motion to Consolidate Tentative Ruling: To grant Plaintiffs’ Motion to Consolidate Case Nos. VCU 261167 and VCU 272657. All subsequent documents filed in this action shall be filed in the lead case VCU 261167. The Court’s file indicates that all parties were given proper and timely notice of this motion. There has been no response to th...

  • Hearing

    Nov 01, 2018

Motion: Motion to be Relieved as Counsel - Civil Tentative Ruling: To deny without prejudice the motion of attorney Amy R. Lovegren-Tipton of Law Office of Amy R. Lovegren-Tipton, APLC to be relieved as the attorney of record for Angel Carrasco dba Angel’s Contracting and as a shareholder of SafeFarms, Inc., the plaintiff in the consolidated case...

  • Hearing

    Nov 01, 2018

Motion: Motion by Defendant/Cross-Complainant Kingsburg Orchards for Summary Judgment Tentative Ruling: To Grant the Motion by Defendant/Cross-Complainant Kingsburg Orchards for Summary Judgment Defendant Kingsburg Orchards seeks summary judgment against Plaintiffs on their Complaint. Proof of service in the file indicates notice of the motion ...

  • Hearing

    Oct 30, 2018

Motion: Plaintiff’s Motion to Compel the Depositions of Dealership Personnel Tentative Ruling: There is no tentative ruling for this motion. The parties are directed to meaningfully meet and confer in good faith to resolve the disputes raised in this discovery motion. If unable to resolve, the parties are directed to personally appear at the hear...

  • Hearing

    Oct 30, 2018

Motion: Motion to Enforce the Stipulation to Enforce Judgment Tentative Ruling: Plaintiff’s motion to enforce the stipulation to enforce judgment is granted. The Court’s file indicates that defendant was given timely and proper notice for this motion at the address of her counsel indicated in defendant’s answer to plaintiff’s complaint. There h...

  • Hearing

    Oct 30, 2018

Motion: Demurrer to First Amended Complaint Tentative Ruling: To continue the hearing on this demurrer to November 27, 2018, at 8:30 a.m. in Department 7 of this Court. Sarah Scheinhorn, the attorney for defendants Cotti Foods Corporation and Stephen M. Dees, is directed to file and serve an amended declaration to her October 1, 2018 declaration....

  • Hearing

    Oct 30, 2018

Motion: Motion to Reject the Request for Dismissal and to Continue the Automatic Stay. Tentative Ruling: To grant Tulare Local Health Care District’s Motion to Reject the Request for Dismissal of TRMC. Plaintiff Juanita Cabrera has filed a complaint for medical malpractice against defendants Parul Gupta, MD, Robert Kollen, MD and Tulare Local H...

  • Hearing

    Oct 25, 2018

Motion: Defendant’s Demurrer to Plaintiffs’ Compliant Tentative Ruling: To Overrule Defendant’s Demurrer to Plaintiff’s Complaint. Defendant shall file an answer to the Complaint within ten (10) days of this order. Plaintiff’s Complaint seeks damages for medical malpractice. Defendant demurs asserting the Complaint was filed more than one year ...

  • Hearing

    Oct 24, 2018

Motion: Plaintiff’s Motion for Judgment on the Pleadings Tentative Ruling: To continue the hearing on plaintiff’s motion for judgment on the pleadings to November 13, 2018 at 8:30 a.m. in Department 7 of this Court and direct the plaintiff to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Pr...

  • Hearing

    Oct 23, 2018

Motion: Plaintiff’s Continued Motion for Approval of Representative Action Settlement Tentative Ruling: To Grant Plaintiff’s Continued Motion for Approval of Representative Action Settlement Plaintiff’s motion was originally heard on October 16, 2018. At that time the court adopted its tentative ruling denying the motion without prejudice and o...

  • Hearing

    Oct 23, 2018

Motion: Plaintiff Midland Funding LLC’s Motion to Set Aside and Vacate Judgment Tentative Ruling: To deny Plaintiff Midland Funding LLC’s Motion to Set Aside and Vacate Judgment. Plaintiff Midland Funding LLC seeks to vacate judgment entered against Salvador Ortega under Civil Procedure section 473(b) because “defendant disputed the validity of...

  • Hearing

    Oct 22, 2018

Motion: Plaintiff Midland Funding LLC’s Motion to Set Aside and Vacate Judgment Tentative Ruling: To grant Plaintiff Midland Funding LLC’s Motion to Set Aside and Vacate Judgment. Plaintiff Midland Funding LLC seeks to vacate judgment entered against defendant Lupa Alonzo because “the debt related to this matter was a result of Fraud [sic].” Pl...

  • Hearing

    Oct 22, 2018

Motion: Defendant Asset Campus Housing, Inc.’s Motion to Compel Arbitration and to Stay or Dismiss the Proceedings Pending the Outcome of Arbitration Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this motion. If unable to resolve on the merits, the parties are directed to perso...

  • Hearing

    Oct 22, 2018

Motions: (1) Defendant Equity Group’s Motion to Compel Responses to Request for Production of Documents, Set No. 1 and for Sanctions; (2) Defendant Equity Group’s Motion to Compel Responses to Special Interrogatories, Set One and for Sanctions; (3) Defendant Equity Group’s Motion to Compel Responses to Form Interrogatories-General, Set One and for ...

  • Hearing

    Oct 22, 2018

Time: 8:30 a.m. Motion: Plaintiff’s Continued Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To Grant Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. Hearing on final approval of the class action settlement will be February 28, 2019 at 8:30 a.m. in Department 2. The motion was continued fr...

  • Hearing

    Oct 18, 2018

Motion: Motion for Order Deeming Request for Admission to Defendant Admitted Tentative Ruling: To grant plaintiff Capital One Bank (USA) N.A.’s motion for order deeming request for admission to defendant admitted. The facts and allegations set forth in Request for Admissions 1-14 in plaintiff’s first set of request for admission to defendant Nico...

  • Hearing

    Oct 18, 2018

Motion: Demurrer as to Plaintiffs’ Second Cause of Action Tentative Ruling: To Sustain Defendants’ Demurrer as to plaintiffs second cause of action for survival action. Plaintiffs shall have twenty days’ leave to amend their complaint. Defendants’ Request for Judicial Notice is granted only as to the date of filing of the referenced complaint i...

  • Hearing

    Oct 18, 2018

Time: 8:30 a.m. Motion: (1) Plaintiff’s Motion for Attorney’s Fees and Costs Tentative Ruling: To Grant Plaintiff’s Motion for Attorney’s Fees and Costs and to Order Plaintiff recover from Defendants Premier Universal, Inc., Hudson Insurance Co., and Mechanics Bank (now California Republic Bank) attorney’s fees in the sum of $65,000.00 plus cos...

  • Hearing

    Oct 18, 2018

Motion: Respondents’ Demurrer to Petition for Administrative Writ of Mandamus Tentative Ruling: To sustain, in part, without leave to amend, and to overrule, in part, Respondents’ Demurrer to Petition for Administrative Writ of Mandate as discussed below. Respondent Tulare County Waste Management Agency shall file its response to the remaining po...

  • Hearing

    Oct 17, 2018

Motion: Defendants Tommy Dukes and Sarah Duke’s Motion for Judgment on the Pleadings and Motion for Leave to file Cross-Complaint Tentative Rulings: (1) To continue the hearing on defendants’ motion for judgment on the pleadings to November 20, 2018 at 8:30 a.m. in Department 7 of this Court and direct the defendants to file a declaration with th...

  • Hearing

    Oct 16, 2018

Motion: Demurrer of Defendant State Farm Mutual Automobile Insurance to Plaintiff’s Amended Complaint Tentative Ruling: To sustain the demurrer of defendant State Farm Mutual Automobile Insurance to plaintiff’s amended complaint without leave to amend. This action is an insurance coverage dispute, i.e., an insurance bad faith action. Plaintiff ...

  • Hearing

    Oct 16, 2018

Motion: Defendant Tulare Nursing and Rehabilitation’s Demurrer to Second Amended Complaint and Motion to Strike Tentative Ruling: To sustain defendant Tulare Nursing and Rehabilitation Center’s demurrer to the causes of action for elder abuse with twenty days’ leave to amend. Based on this court’s ruling as to defendant Tulare Nursing and Rehabil...

  • Hearing

    Oct 16, 2018

Motion: Motion for Change of Venue Tentative Ruling: To grant plaintiff’s motion for change of venue. This action shall be transferred to Kings County Superior Court upon the payment by plaintiff to the Clerk of this Court the applicable transfer fees. This action arises out of a delinquent automobile loan that defendant Delaine Moya aka Delani...

  • Hearing

    Oct 16, 2018

Motion: Plaintiff’s Motion for Approval of Representative Action Settlement Tentative Ruling: To Deny Plaintiff’s Motion for Approval of Representative Action Settlement, without prejudice. Plaintiff’s only cause of action seeks recovery of penalties under the Private Attorney General Act, Labor Code 2699, et seq. Plaintiff seeks court approval o...

  • Hearing

    Oct 16, 2018

Motions: (1) Defendant Great Vacations, Inc.’s Motion to Compel Responses to Special Interrogatories, Set No. One and for Sanctions; (2) Defendant Great Vacations, Inc.’s Motion to Compel Responses to Form Interrogatories-Employment, Set No. One and for Sanctions; (3) Defendant Great Vacations, Inc.’s Motion to Compel Responses to Form Interrogator...

  • Hearing

    Oct 15, 2018

Motions: (1) Plaintiff Roberto Tellez’s Motion for Class Certification; and (2) Defendant Harvest Container Company, Inc.’s Motion for Order that Case Cannot be Maintained as a Class Action and Striking Class Action Allegations Tentative Ruling: There is no tentative ruling for these motions. Re: Portfolio Recovery Associates, LLC v. Vega Motio...

  • Hearing

    Oct 15, 2018

Motion: Defendant AMCO Insurance Company’s Motion for Summary Judgment or, in the Alternatively, Summary Adjudication of the Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing Causes of Action of the Complaint and of Plaintiff’s Claim for Punitive Damages Tentative Ruling: There is no tentative ruling for this ma...

  • Hearing

    Oct 15, 2018

Motion: Defendant Tulare Local Healthcare District’s (TLHD) and Ronald Ostrom, D.O.’s (Ostrom) Motion to Strike Portions of Complaint Tentative Ruling: Defendant Tulare Local Healthcare District’s (TLHD) and Ronald Ostrom, D.O.’s (Dr. Ostrom) Motion to Strike Portions of Complaint is granted as to defendant TLHD without leave to amend and granted...

  • Hearing

    Oct 11, 2018

Motion: Petition for Release of Property from Lien Tentative Ruling: To deny petitioner Pavitar Sond’s Petition for Release of Property from Lien without prejudice. CCP §1005(b) requires that “…all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers shall be a copy o...

  • Hearing

    Oct 11, 2018

Motion: Motion of Plaintiff Cavalry SPV I LLC as Assignee of Synchrony Bank fka GE Capital Retail Bank to Transfer Venue Tentative Ruling: To grant the motion of plaintiff Cavalry SPV I LLC as assignee of Synchrony Bank fka GE Capital Retail Bank to transfer venue. Plaintiff shall pay all costs required to complete the transfer of this action t...

  • Hearing

    Oct 11, 2018

Time: 8:30 a.m. Motions: (1) Plaintiff’s Motion to Amend Claim; and (2) Defendants’ Motion for Sanctions Tentative Rulings: (1) To Grant Plaintiff’s Motion to Amend Claim conditioned on Plaintiff’s service and filing within five (5) days her amended claims specifying the period and amount of each new claim; and (2) to Deny Defendant’s Motion fo...

  • Hearing

    Oct 11, 2018

Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds Tentative Ruling: To Deny the Motion by Defendant Rune Kraft for Release of Deposited Funds This is the latest in a series of multiple motions filed by movant to obtain funds previously deposited into court by Pacific Real Estate Holdings, Inc. Movant is the chairman, sole dire...

  • Hearing

    Oct 11, 2018

Motions: (1) Motion to Compel Responses from defendant Jose Raul Garcia to Plaintiff’s First Set of Special Interrogatories; (2) Motion to Compel Responses from defendant Jose Raul Garcia to Plaintiff’s First Inspection Demand; Request for Sanctions Tentative Rulings: (1) To grant plaintiff’s motion to compel responses from defendant Jose Raul Ga...

  • Hearing

    Oct 09, 2018

Motion: Motion for Leave to File First Amended Complaint Tentative Ruling: To deny plaintiff’s motion for leave to file First Amended Complaint without prejudice and to remand this case and motion to arbitrator Hon. Stephen Kane for disposition. OVERVIEW This case arises out of an employment contract where plaintiff’s original complaint pleads ...

  • Hearing

    Oct 09, 2018

Motion: Healthcare Conglomerate Associates (“HCCA”) and Yorai Benzeevi, MD’s (Dr. Benzeevi)’s Motion to Strike Portions of Plaintiff’s Complaint Tentative Ruling: To deny defendants HCCA and Dr. Benzeevi’s Motion to Strike Portions of Plaintiff’s complaint Defendants HCCA and Dr, Benzeevi move this Court for an order that strikes paragraphs 50,...

  • Hearing

    Oct 04, 2018

Time: 8:30 a.m. Motion: Plaintiff’s Motion to Strike and/or Tax Costs Tentative Ruling: Pursuant to the Non-Opposition filed by Defendant David A. Bush, Inc., Defendant has withdrawn its Memorandum of Costs. As such, Plaintiff’s Motion to Strike and/or Tax Costs is off calendar and the hearing is vacated. If no one requests oral argument, und...

  • Hearing

    Oct 04, 2018

Motion: Plaintiff’s Motion for Order Granting Preliminary Approval of Class Action Settlement Tentative Ruling: To grant Plaintiff’s Motion for Order Granting Preliminary Approval of Class Action Settlement. The hearing on final settlement approval will be January 17, 2019 at 8:30 a.m. in Department 2. This matter was last heard substantively o...

  • Hearing

    Oct 04, 2018

Motion: Plaintiff’s Pitchess Motion for Production of Documents in Defendant Nguyen’s Personnel File Tentative Ruling: The Court directs that the defendants produce its personnel file for defendant David Nguyen to the Court for an in-camera review as per Slayton v. Superior Court (Slayton) (2006) 146 Cal.App. 4th 55, 61 to determine the discovera...

  • Hearing

    Oct 02, 2018

Motion: Defendant’s Demurrer to Second Amended Complaint Tentative Ruling: To Sustain Defendant’s Demurrer to Second Amended Complaint as to all causes of action, with leave to amend. Plaintiff shall file any Third Amended Complaint within ten (10) days of this order. If oral argument is requested, the hearing on the motion will be held on Thur...

  • Hearing

    Oct 02, 2018

Motion: Motion for Leave to File First Amended Complaint Tentative Ruling: To grant plaintiff’s motion for leave to file a first amended complaint. Plaintiff shall file its first amended complaint with the court no later than ten days from the notice of this ruling. Oral Argument for this motion (if requested) will be heard on Thursday, October...

  • Hearing

    Oct 02, 2018

Motion: Motion for Order (1) Authorizing Receiver to Sell Ranch 6 Property identified as APN #320-193-018; (2) Approving Agreement with Proposed Buyer; and (3) Approving Overbid Procedures as to APN #320-193-018 Tentative Ruling: Receiver Randall Parker’s above-stated motion is granted. Receiver’s counsel shall prepare an order for the Court’s si...

  • Hearing

    Sep 27, 2018

Motion: Motion for Order to Set Aside or Vacate Plaintiff’s Notice of Settlement So Court Will Retain Jurisdiction Tentative Ruling: To grant plaintiff Karla Cummings’ motion for order to set aside or vacate plaintiff’s notice of settlement so court will retain jurisdiction. From a review of the Court’s file for this case the Court notes that all...

  • Hearing

    Sep 27, 2018

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 09/21/2018 at 9:00pm Motion...

  • Hearing

    Sep 24, 2018

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 09/22/2018 at 9:00pm Motion...

  • Hearing

    Sep 24, 2018

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 09/23/2018 at 9:00pm Motion...

  • Hearing

    Sep 24, 2018

Motion: Defendant Jatinder R. Chopra’s Motion for Summary Judgment Tentative Ruling: To deny defendant Jatinder R. Chopra’s motion for summary judgment (MSJ) Defendant’s objections 1 and 2 to Plaintiffs’ Evidence in Support of Opposition to Motion for Summary Judgment are overruled. MATERIAL FACTS The following facts are generally undisputed betw...

  • Hearing

    Sep 20, 2018

Time: 8:30 a.m. Motion: Continued hearing on Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To continue the hearing on Plaintiff’s Motion for Preliminary Approval of Class Action Settlement to October 18, 2018 at 8:30 a.m. in Department 2. In the revised settlement, Plaintiff has removed language spec...

  • Hearing

    Sep 20, 2018

Motion: Motion to Amend Pursuant to Murphy v. Kenneth Cole Production, Inc. (2007) 4 Cal.3d 1094, 1101 This matter has been continued to October 11, 2018; 8:30 am, Dept. 2. ...

  • Hearing

    Sep 20, 2018

Motion: Defendant Durango Packing’s Demurrer to Complaint Tentative Ruling: Defendant Durango Packing’s Demurrer to Complaint is sustained without leave to amend Defendant’s Request for Judicial Notice is granted. See Evid. Code §452(d) OPERATIVE FACTS Claimant Teresa McCall filed an application for Adjudication of Claim on August 31, 2016 with...

  • Hearing

    Sep 20, 2018

Motion: Petition for Writ of Mandate Tentative Ruling: To deny petitioner Jaron J. Cortez’s Petition for Writ of Mandate OPERATIVE FACTS Petitioner Jaron J. Cortez (“Cortez”) is a seasonal tax preparer who was granted unemployment benefits beginning April 23, 2017. Cortez subsequently filed applications with the EDD to extend his benefits throu...

  • Hearing

    Sep 20, 2018

Time: 8:30 a.m. Motion: (1) Plaintiff’s Motion for Attorneys’ Fees and Costs; (2) Motion by Defendants David A. Bush, Inc. and Western Surety Company for Attorneys’ Fees and Costs; (3) Motion by Plaintiff to Strike Defendants’ Costs. Tentative Ruling: (1) To Deny Plaintiff’s Motion for Attorneys’ Fees and Costs; (2) To Deny Defendants’ Motion f...

  • Hearing

    Sep 20, 2018

Motion: Motion for Leave to File Amended Answer Tentative Ruling: To grant defendant Emma Valencia’s Motion to File Amended Answer. Defendant shall file her amended answer to plaintiff’s complaint within five days from the notice of this ruling. The Court’s file indicates that timely and proper notice was given for this motion. There has been n...

  • Hearing

    Sep 20, 2018

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 09/18/2018 at 9:01pm Motion...

  • Hearing

    Sep 19, 2018

Motion: Defendants’ Motion to Compel Further Responses to Special Interrogatories, Set One and Request for Sanctions Tentative Ruling: To Grant Defendants’ Motion to Compel Further Responses to Special Interrogatories, Set One and to Order Plaintiff to provide a further verified response to Defendants’ Special Interrogatory number 19 within ten (...

  • Hearing

    Sep 19, 2018

Motion: (1) Plaintiffs’ Application for Temporary Restraining Order; and (2) Defendants’ Application for Temporary Restraining Order Tentative Ruling: To grant Plaintiff’s request that all UCC liens filed by Defendant be removed. Defendant is ordered to file a UCC-3 form releasing the prior UCC-1 filing immediately and to provide a copy of the UC...

  • Hearing

    Sep 18, 2018

Motion: Motion by Defendant Jose Gutierrez for Summary Judgment Based on Mistaken Identity Tentative Ruling: Plaintiff dismissed Defendant Jose Gutierrez from this action on September 10, 2018. As a result of the dismissal, Defendant’s Motion for Summary Judgment Based on Mistaken Identity is denied as moot. ...

  • Hearing

    Sep 18, 2018

Motion: (1) Plaintiffs’ Motion for Costs and Expenses; and (2) Defendant’s Motion to Strike/Tax Memorandum of Costs Tentative Ruling: To allow Plaintiffs’ Costs and Expenses in the sum of $3,118.52 and to disallow the amount of $451.59. Plaintiff shall recover $700.00 as additional reasonable attorneys’ fees for preparing opposition to Defendant’...

  • Hearing

    Sep 18, 2018

Motion: Plaintiff’s Motion for Judgment on the Pleadings Tentative Ruling: To Deny Plaintiff’s Motion for Judgment on the Pleadings, without prejudice The Complaint asserts that Defendant is indebted to Plaintiff pursuant to a written contract for purchase of a motor vehicle. Plaintiff has not included a copy of the written agreement. The court...

  • Hearing

    Sep 18, 2018

Motion: Plaintiffs’ Motion to Compel Arbitration Tentative Ruling: To Grant Plaintiffs’ Motion to Compel Arbitration and to Order this action is stayed pending completion of arbitration proceedings. The court sets a Case Management Conference for Tuesday, October 23, 2018 at 8:30 a.m. in Department 7. The parties are required to appear unless the...

  • Hearing

    Sep 18, 2018

Motion: Plaintiff Kevin Kelton’s Motion to Compel Deposition Attendance and Production of Documents by FCA US LLC’s Dealership Personnel and Request for Sanctions in the amount of $1560.00 Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve their discovery dispute. If unable to resol...

  • Hearing

    Sep 17, 2018

Motion: Plaintiff T.D. Bank USA, N.A.’s Motion for Judgment on the Pleadings Tentative Ruling: To take off-calendar Plaintiff T.D. Bank USA, N.A.’s Motion for Judgment on the Pleadings. The matter is ordered off-calendar due to plaintiff T.D. Bank USA, NA’s failure to file and serve a declaration when the motion was filed concerning the parties...

  • Hearing

    Sep 17, 2018

Motions: (1) Defendant Chester Bross Construction Company’s Petition to Confirm Contractual Arbitration Award; and (2) Plaintiffs Porterville Asphalt, Inc. and Porterville Rock and Recycle, Inc.’s Response to Defendant’s Petition to Confirm Arbitration Award and Plaintiffs’ Request to Vacate the Award Defendant Chester Bross Construction Company’...

  • Hearing

    Sep 17, 2018

Motion: Plaintiff Maryann Quinonez’s Demurrer to Defendants’ Answer Tentative Ruling: There is no tentative ruling. The parties are directed to meaningfully meet and confer to resolve this matter. If unable to resolve on the merits, the parties are directed to personally appear at the hearing on the demurrer. No CourtCall is permitted if the part...

  • Hearing

    Sep 17, 2018

Motions: (1) Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Defendant Parmod Kumar, MD; (2) Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Defendant Parul Gupta, MD; (3) Defendant Tulare Local Healthcare District dba Tulare Regional Medical Center’s Motion for Summary Judgment, or in the Alt...

  • Hearing

    Sep 12, 2018

Motion: Application for Claim of Exemption Tentative Ruling: The Earnings Withholding Order served on defendant Victor Daniel Dalva’s employer is ordered to be quashed and any further attempts by plaintiff Kings Credit Service to enforce the judgment obtained against the defendants be undertaken in compliance with the provisions of the Hospital F...

  • Hearing

    Sep 11, 2018

Motions: (1) Application for Court to Order Plaintiff to Issue a Satisfaction of Punitive Judgment; (2) Motion to Amend Judgment Tentative Rulings: All proceedings in this action are stayed based on defendant Peterangelo Vallis’ filing of a Chapter 7 bankruptcy on August 28, 2018 ...

  • Hearing

    Sep 11, 2018

Motion: Motion for Order Compelling Response to Interrogatories and Response to Demand for Production of Documents and for Monetary Sanctions Tentative Ruling: To grant defendant and cross-complainant Marciano Gonzalez’s motions to compel answers from plaintiff and cross-defendant Marti Gonzalez to Mr. Gonzalez’s first set of form interrogatories...

  • Hearing

    Sep 11, 2018

Motion: Plaintiffs Jason A. Tripp and Lisa J. Tripp’s Motion for Attorney Fees, Costs, and Expenses Tentative Ruling: There is no tentative ruling for this matter. The parties are directed to meaningfully meet and confer to resolve this motion. If unable to resolve on the merits, the parties are directed to personally appear at the hearing for th...

  • Hearing

    Sep 10, 2018

Motion: Defendant International Paper Company’s Motion for Summary Judgment, or in the Alternative, Motion for Summary Adjudication Tentative Ruling: To grant Defendant International Paper Company’s Motion for Summary Judgment. Proof of service in the court’s file indicates notice of the motion was adequate. No response to the motion has been f...

  • Hearing

    Sep 10, 2018

Motion: (1) Hearing on Motion to Quash Deposition Subpoenas for Production of Business Records; and (2) Hearing on Petition for Order Distributing Property Tentative Ruling: (1) To Deny the Motion to Quash Deposition Subpoenas for Production of Business Records; and (2) To Grant the Petition for Order Distributing Property (1) Petitioner Galen Ra...

  • Hearing

    Sep 10, 2018

Motion: Defendant AMCO Insurance Company’s Motion for Order Compelling the Depositions of Plaintiff and Plaintiff’s Counsel and/or for an Order Reopening Discovery Tentative Ruling: There is no tentative ruling for this matter. The parties are directed to meaningfully meet and confer to resolve this discovery dispute. If unable to resolve on the ...

  • Hearing

    Sep 10, 2018

Motion: Defendant Elderwood Citrus Company, LLC’s Motion to Modify or Dissolve Preliminary Injunction Tentative Ruling: There is no tentative ruling for this matter. The parties are directed to meaningfully meet and confer to resolve this motion. If unable to resolve on the merits, the parties are directed to personally appear at the hearing for ...

  • Hearing

    Sep 10, 2018

Motion: Trustee Lynn S. Conley’s Demurrer to Petition Contesting the Estate of Bevely J. Conley Tentative Ruling: To Sustain Trustee Lynn S. Conley’s Demurrer to Petition Contesting the Estate of Bevely J. Conely, without leave to amend. Petitioner’s Motion to Dismiss Oppositions Demurrer is denied. There is nothing in the moving papers to supp...

  • Hearing

    Sep 05, 2018

Motion: Defendant Vinka Barbic and Jakov Dulcich & Sons LLC’s Motion for Summary Judgment or in the Alternative Summary Adjudication to plaintiff Jovanny Duran’s Complaint Tentative Ruling: To deny defendant Jakov Dulcich & Sons LLC’s Motion for Summary Judgment or in the Alternative Summary Adjudication to plaintiff Jovanny Duran’s Complaint (De...

  • Hearing

    Sep 04, 2018

Motion: Petition by Special Needs Trustee for Instructions Tentative Ruling: Petitioner is directed to submit a proposed order on the petition. Proceedings relating to the administration of special needs trusts are heard in the probate division. The hearing on the petition is continued by the court to Tuesday, September 11, 2018 at 8:30 a.m. in D...

  • Hearing

    Aug 30, 2018

Motion: (1) Demurrer by Defendant Zoetis, Inc. to Plaintiff’s First Amended Complaint; (2) Motion by Defendant Zoetis, Inc. to Strike portions of Plaintiff’s First Amended Complaint; (3) Demurrer by Defendant Nutrius, LLC to Plaintiff’s First Amended Complaint; and (4) Motion by Defendant Nutrius, LLC to Strike portions of Plaintiff’s First Amended...

  • Hearing

    Aug 30, 2018

Motion: Continued hearing on Application for Preliminary Injunction Tentative Ruling: The parties previously advised the court that a resolution of this application was pending. No further documents relating to the application for injunctive relief have been filed since the last court hearings on August 9, 2018 and August 16, 2018. There is no te...

  • Hearing

    Aug 30, 2018

Motion: Continued hearing on Plaintiff’s Motion for Order Granting Preliminary Approval of Class Action Settlement Tentative Ruling: The hearing is continued to October 4, 2018, 8:30 am, Dept 2. Plaintiff’s motion was initially heard on July 26, 2018. The hearing was continued to August 30, 2018 to allow Plaintiff time to file a supplemental brie...

  • Hearing

    Aug 30, 2018

Motion: Plaintiff’s Motion for Summary Judgment or, in the Alternative, for Summary Adjudication Tentative Ruling: To Grant Plaintiff’s Motion for Summary Judgment and to Order that Plaintiff recover from Defendant Claudia Calderon the principal sum of $4,194.58 plus court costs of $823.00 for a total judgment of $5,017.58. Proof of service in ...

  • Hearing

    Aug 29, 2018

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774. Timestamp: 08/28/2018 at 9:01pm Tentat...

  • Hearing

    Aug 29, 2018

Motion: Motion to Deem Requests for Admission Admitted Tentative Ruling: Plaintiff Jefferson Capital Systems LLC’s motion for order that requests for admission to defendant Shawna Hyles be deemed admitted is granted. The facts and allegations set forth in Requests for Admissions 1 through 10 of plaintiff Jefferson Capital Systems, LLC’s first set...

  • Hearing

    Aug 28, 2018

Motion: Hearing on Order to Show Cause for Preliminary Injunction Tentative Ruling: There is no tentative ruling in this matter. No documents have been filed since this court’s minute order of August 14, 2018. As a result, the court is not able to consider whether a preliminary injunction should issue in this action. In addition, the court has no...

  • Hearing

    Aug 28, 2018

Motion: Motion to Determine Prevailing Party on Open Book and to Fix Amount of Attorney Fees Awardable as Item of Cost Tentative Ruling: To grant defendant Norma Gonzales’s Motion to Determine Prevailing Party on Open Book and to Fix Amount of Attorney Fees Awardable as Item of Cost and award her as attorney fees and costs the Amount of $816.41 u...

  • Hearing

    Aug 28, 2018

Motions: (1) Motion for Summary Judgment of Sierra View Medical Center and (2) Motion for Summary Judgment of William E. Franklin, D.O. and CEP America-California; Defendants William E. Franklin, D.O. and CEP America-California objections 1, 2, 3, 4, 5, and 6 to the declaration of Dr. Angelique S. Campen are overruled. Plaintiff’s objections to...

  • Hearing

    Aug 28, 2018

Motion: California Department of Corrections and Rehabilitation’s Motion for Judgment on the Pleadings Tentative Ruling: To continue the hearing on defendant’s motion for judgment on the pleadings and direct the defendant to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Procedure §§439(a)(3...

  • Hearing

    Aug 28, 2018

Motions: (1) Defendants Allstate Insurance Company and Joe Mabee’s Motion for Summary Judgment and/or Summary Adjudication; (2) Plaintiff Sandra McGuire’s Motion for Leave to File Second Amended Complaint; (3) Defendant Jose Romo’s Demurrer to the First Amended Complaint; (4) Defendant Jose Romo’s Motion to Strike Portions of the First Amended Comp...

  • Hearing

    Aug 27, 2018

Motion: Defendant Harvest Container Co. Inc.’s Motion for Protective Order Tentative Ruling: There is no tentative ruling for this motion. The parties are directed to meaningfully meet and confer to resolve this discovery dispute. If unable to resolve on the merits, the parties shall personally appear at the hearing of this matter. No CourtCall i...

  • Hearing

    Aug 27, 2018

Motion: Navigators Specialty Insurance Company fka NIC Insurance Company and Navigator’s Specialty Insurance Company on behalf of Award Construction and Roofing, Inc., a suspended California corporation’s Motion for Good Faith Settlement Tentative Ruling: To grant Navigators Specialty Insurance Company fka NIC Insurance Company and Navigator’s Sp...

  • Hearing

    Aug 23, 2018

Motion: Demurrer to Plaintiff’s Complaint Tentative Ruling: To overrule defendant Anselmo Sepulveda’s demurrer to plaintiff’s complaint. Defendant Sepulveda shall have fifteen days to answer the plaintiff’s complaint. The hearing on this demurrer was continued from July 12, 2018 to August 23, 2018 at 8:30 a.m. in Department 2 of this Court to a...

  • Hearing

    Aug 23, 2018

Motion: Motion to Tax Costs Tentative Ruling: To grant defendant FCA’s motion to tax costs in part. Plaintiff shall recover costs in the amount of $1,453. On August 9, 2018, this Court issued a tentative ruling related to defendant FCU US LLC’s motion to tax costs. In this ruling the Court indicated that it would reserve its ruling as to whethe...

  • Hearing

    Aug 23, 2018

Motion: Motion for Release of Deposited Funds Tentative Ruling: To deny defendant Rune Kraft’s Motion for Release of Deposited Funds On July 26, 2018, this Court denied defendant Rune Kraft’s Motion to compel Release of Funds held in Trust. As Mr. Kraft filed this present motion that same day, i.e., July 26, 2018, the Court views this present m...

  • Hearing

    Aug 23, 2018

PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT SET NO.1 Discovery At Issue Items 30 and 36 through 39 of Plaintiffs’ first request for production of documents seek the following records from Defendant: 1. Records that reflect payment of final wages to Defendant’s employees in California from Ap...

  • Hearing

    Aug 22, 2018

Motion: Plaintiffs’ Motion for Attorneys’ Fees, Costs and Expenses Tentative Ruling: To Grant, in part, Plaintiffs’ Motion for Attorneys’ Fees, Costs and Expenses and to Order that Plaintiff recover from Defendant attorneys’ fees in the sum of $10,395.00. Plaintiffs’ motion for costs and expenses is continued to September 18, 2018 to be heard in ...

  • Hearing

    Aug 21, 2018

Motion: Defendants’ Demurrer to Plaintiff’s Complaint Tentative Ruling: To Sustain Defendants’ Demurrer to Plaintiff’s Complaint as to all causes of action, with leave to amend. Plaintiff shall file any First Amended Complaint within ten (10) days of this order. “The demurrer tests the pleading alone and not the evidence or other extrinsic matt...

  • Hearing

    Aug 21, 2018

Motion: Defendant Esmeralda Rodriquez’s Demurrer to Plaintiff’s Complaint Tentative Ruling: To take off-calendar Defendant Esmeralda Rodriquez’s Demurrer to Plaintiff’s Complaint. The hearing on the demurrer is ordered off-calendar for failure to comply with the mandatory requirements of Code of Civil Procedure section 430.41 directing the part...

  • Hearing

    Aug 20, 2018

Motions: (1) Defendants Murad A. Sunlap, MD and Laser Vision, Inc.’s Demurrer to and Motion to Strike Plaintiffs’ First Amended Complaint; and (2) Defendants Murad A. Sunlap, MD and Laser Vision, Inc.’s Motion to Compel Tentative Rulings: (1) To overrule and deny Defendants Murad A. Sunlap, MD and Laser Vision, Inc.’s Demurrer to and Motion to St...

  • Hearing

    Aug 20, 2018

Motion: Plaintiff Midland Funding LLC’s Motion to Set Aside and Vacate Judgment Tentative Ruling: To grant Plaintiff Midland Funding LLC’s Motion to Set Aside and Vacate Judgment. Proof of service in the court’s file indicates proper notice of this motion was given. No response to the motion has been filed. Here, plaintiff Midland Funding LLC...

  • Hearing

    Aug 20, 2018

Motion: Respondent Board of Retirement of Tulare County Employees’ Retirement Association’s Demurrer to Writ of Mandate Tentative Ruling: To sustain Respondent Board of Retirement of Tulare County Employees’ Retirement Association’s Demurrer to Writ of Mandate. Petitioner Barry M. Taira’s writ of mandate requests an order directing respondent B...

  • Hearing

    Aug 20, 2018

Motion: Application by Defendant/Cross-Defendant Maria Millares for Determination of Good Faith Settlement Pursuant to CCP § 877.6(a)(1) Tentative Ruling: There is no tentative ruling in this matter. The parties in this consolidated action are directed to meaningfully meet and confer to resolve this motion. If unable to resolve on the merits, the...

  • Hearing

    Aug 20, 2018

Motion: Motion for Attorney Fees Pursuant to CCP §2033.420 and Motion to Tax Costs. Tentative Ruling: There are no tentative rulings for these motions. The parties are directed to meaningfully meet and confer in good faith to resolve the issues raised in this motion. If unable to resolve, counsel for the parties are directed to personally appear ...

  • Hearing

    Aug 16, 2018

Motion: Motion to Augment Plaintiffs’ Expert Designation Tentative Ruling: To grant plaintiffs’ Motion to Augment Plaintiffs’ Expert Designation OPERATIVE FACTS This is a medical malpractice action that involves injuries sustained by plaintiff Rosa-Brito Mojica during spine surgery performed by defendant Frank L. Feng, D.O. on February 23, 20...

  • Hearing

    Aug 16, 2018

Time: 8:30 a.m. Motion: Defendants’ Motion for Pre-Trial Discovery (Pitchess) Tentative Ruling: To Grant Defendants’ Motion for Pre-Trial Discovery (Pitchess) and to Order non-party the California Department of Corrections and Rehabilitation to produce to the court for in camera review all records responsive to Defendants’ discovery requests wi...

  • Hearing

    Aug 16, 2018

Time: 8:30 a.m. Motion: (1) Demurrer by Defendants Forester, Weber & Associates and Dennis Forester to Plaintiff’s First Amended Complaint; and (2) Demurrer by Defendants Stella and Andy Vaccaro to Plaintiff’s First Amended Complaint. Tentative Ruling: (1) To Overrule the Demurrer by Defendants Forester, Weber & Associates and Dennis Forester t...

  • Hearing

    Aug 16, 2018

Time: 8:30 a.m. Motion: Demurrer by Defendant Aaron McAfee to Plaintiffs’ First Amended Complaint Tentative Ruling: To Sustain the Demurrer by Defendant Aaron McAfee to Plaintiffs’ First Amended Complaint as to all causes of action, with leave to amend. Plaintiffs shall file any Second Amended Complaint within ten (10) days of this order. Pro...

  • Hearing

    Aug 16, 2018

Motions: Motions to Compel Responses from Plaintiff Debra Davis to Defendant’s First Sets of Special and Form Interrogatories and First Demand for Production of Documents Tentative Ruling: To grant defendant Terry Turney’s motions to compel responses from plaintiff Debra Davis to defendant’s first sets of special and form interrogatories and firs...

  • Hearing

    Aug 14, 2018

Motion: Application of Rex P. Fennessy to Appear Pro Hac Vice Tentative Ruling: To grant the application of Rex P. Fennessy to appear pro hac vice in this action for defendant INVO PEO, II, Inc. The court’s file for this action indicates that timely and proper notice was given to all parties affected by attorney Fennessy’s application to appear...

  • Hearing

    Aug 14, 2018

Tentative Ruling: To grant Plaintiffs Hugo Ramirez-Duenas, et al’s motion for preliminary approval of class action settlement The Court notes that all parties have been given proper and timely notice of this motion. Defendant VF Outdoor LLC has filed a “Statement of Non-Opposition to Plaintiff’s Motion for Preliminary Approval of Class Action Settl...

  • Hearing

    Aug 14, 2018

Motion: Demurrer by Cross-Defendant Greg Ruhe to Cross-Complaint of Steelex Industrial, Inc., et al. Tentative Ruling: To Overrule the Demurrer by Cross-Defendant Greg Ruhe to Cross-Complaint of Steelex Industrial, Inc. Cross-Defendant shall file an answer to the Cross-Complaint within ten (10) days of this order. In this construction defect ac...

  • Hearing

    Aug 14, 2018

Motion: California Department of Corrections and Rehabilitation’s Motion for Judgment on the Pleadings Tentative Ruling: To continue the hearing on defendant’s motion for judgment on the pleadings and direct the defendant to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Procedure §§439(a)(3...

  • Hearing

    Aug 14, 2018

Motion: Motion to Set Aside Summary Judgment , Vacate Forfeiture, and Exonerate Bail Bond Tentative Ruling: To deny the motion of defendant Gotham Bail Bonds, Inc./Lexington National Insurance Company to set aside summary judgment, vacate forfeiture, and exonerate bail bond. OPERATIVE FACTS Miguel Angel Garcia was arrested on October 24, 2017 a...

  • Hearing

    Aug 14, 2018

Motion: Defendants Nicole Delerio and Rich Fudge Lane & Bordsen, Inc.’s Demurrer to Plaintiff’s First Amended Complaint Tentative Ruling: To sustain Defendants Nicole Delerio and Rich Fudge Lane & Bordsen, Inc.’s Demurrer to Plaintiff’s First Amended Complaint without leave to amend. Defendants Nicole Delerio and Rich Fudge Lane & Bordsen, Inc....

  • Hearing

    Aug 13, 2018

Motions: (1) Defendant Jose Romo’s Motion to Compel Plaintiff to Respond to First Set of Form Interrogatories, Request for Sanctions; (2) Defendant Jose Romo’s Motion to Compel Plaintiff to Respond to Production Demands, Request for Sanctions; and (3) Defendant Jose Romo’s Motion to Compel Plaintiff to Respond to Special Interrogatories, Request fo...

  • Hearing

    Aug 13, 2018

Motion: Defendant County of Tulare’s Demurrer to the Complaint Tentative Ruling: To Overrule Defendant County of Tulare’s Demurrer to the Complaint. Here, the County of Tulare (defendant) contends the complaint filed by fifty-one government lawyers (plaintiffs) for failure to pay accrued vacation time is barred because the Public Employment Rel...

  • Hearing

    Aug 13, 2018

Motion: Cross-Defendant David E. Godfrey dba HCD Construction‘s Motion for Determination of Good Faith Settlement Tentative Ruling: To grant Cross-Defendant David E. Godfrey dba HCD Construction’s Motion for Determination of Good Faith Settlement. Proof of service in the court’s file indicates notice of the motion was adequate. No response to the...

  • Hearing

    Aug 13, 2018

Motion: Motion for Attorney Fees/Tax Costs Tentative Ruling: There is no tentative ruling for this motion. The parties are directed to meet and confer in good faith to resolve the issues raised in this motion. If unable to resolve, the parties are directed to personally appear before the court for the hearing on this motion. No CourtCall will be ...

  • Hearing

    Aug 09, 2018

Time: 8:30 a.m. Motion: Plaintiff’s Application for Temporary Restraining Order and for Preliminary Injunction Tentative Ruling: There is no tentative ruling in this matter. The parties are directed to meaningfully meet and confer to determine if a stipulated irrigation schedule can be agreed to with a stipulation for allocation of electricity ...

  • Hearing

    Aug 09, 2018

Motion: Motion to Set Aside and Vacate Default and Default Judgment and Dismiss with Prejudice Tentative Ruling: To grant plaintiff Capital One Bank’s Motion to Set Aside and Vacate Default and Default Judgment and Dismiss with Prejudice The Proof of Service in the Court’s file indicates that all parties were given proper notice of this motion....

  • Hearing

    Aug 09, 2018

Motion: Plaintiffs’ Supplemental Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To conditionally Grant Plaintiffs’ Supplemental Motion for Preliminary Approval of Class Action Settlement. Plaintiffs shall submit a revised proposed order consistent with Plaintiffs’ supplemental motion and consistent with this ruling o...

  • Hearing

    Aug 09, 2018

Motion: Defendant’s Motion to Set Aside Default Tentative Ruling: There is no tentative Ruling in this matter. The parties are directed to appear. The motion will be heard in the Visalia Division, Department 7. ...

  • Hearing

    Aug 08, 2018

Motion: Motion to Bifurcate Trial of Liability from that of Damages Tentative Ruling: To deny defendants Kaweah Container, Inc. and Emilio Zapata Hernandez’ Motion to Bifurcate Trial of Liability From that of Damages Defendants move this Court for an order that bifurcates the trial of the issue of liability before evidence of the plaintiff’s da...

  • Hearing

    Aug 07, 2018

Motion: Demurrer to Second Amended Complaint Tentative Ruling: To sustain defendant Richgrove Community Services District’s demurrer to the plaintiff’s complaint without leave to amend Defendant Richgrove Community Services District’s Request for Judicial Notice is granted under Evidence Code §452 (h) In her second amended complaint, plaintiff ...

  • Hearing

    Aug 07, 2018

Motions: (1) Order to Show Cause as to why defendant Sheena Velasquez’s Answer to Plaintiff’s Complaint should not be stricken as a terminating sanction for her failure to provide discovery and why monetary sanctions under CCP §177.5 in the amount of $750.00 should not be imposed against defendant Sheena Velasquez based on this defendant’s disobedi...

  • Hearing

    Aug 02, 2018

Motion: Motions by Defendant Ford Motor Company to Compel Responses from Plaintiffs Humberto Sanchez, Karina Sanchez, Nery Carina Pena, Maria Lopez Sanchez, individually, and Maria Lopez Sanchez as GAL for minor Emily Sanchez to Defendant’s First Sets of Form and Special Interrogatories and First Request for Production of Documents and Request for ...

  • Hearing

    Aug 02, 2018

Motion: Motion for Entry of Judgment Pursuant to Stipulation of the Parties Tentative Ruling: The Court grants plaintiff’s motion for entry of judgment in the amount of $2,272.38 as per the stipulation of the parties under CCP $664.6. FACTUAL SUMMARY On July 11, 2015, plaintiff Capital One Bank (USA) N.A. and defendant Maritza Jones entered i...

  • Hearing

    Aug 02, 2018

Motion: Preliminary Approval of Class Action Tentative Ruling: To deny, without prejudice, Plaintiff’s Motion for Preliminary Approval of Class Action Settlement 1. Sufficiency of Amount of Settlement Insufficient information has been submitted for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 1...

  • Hearing

    Aug 02, 2018

Motion: Motions by Defendant Bridgestone Americas Tire Operations, LLC to Compel Responses from Plaintiffs Humberto Sanchez, Karina Sanchez, Nery Carina Pena, Maria Lopez Sanchez, individually, and Maria Lopez Sanchez as GAL for minor Emily Sanchez to Defendant’s First Sets of Form and Special Interrogatories and First Request for Production of Doc...

  • Hearing

    Aug 02, 2018

Motion: Plaintiff’s Motion to Reopen Discovery Tentative Ruling: To Grant Plaintiff’s Motion to Reopen Discovery Plaintiff’s motion was filed on July 20, 2018. A response to the motion was filed on July 25, 2018. Defendant’s objection to the Declaration of Jared R. Ramirez is overruled. This action was filed on December 5, 2016 by Plaintiff’s...

  • Hearing

    Jul 31, 2018

Motion: Defendant’s Demurrer to Second Amended Complaint Tentative Ruling: To Overrule Defendant’s Demurrer to Second Amended Complaint. In this construction defects action, Plaintiffs obtained leave to file a Second Amended Complaint (“SAC”) on April 10, 2018. As part of the amended pleading, Plaintiffs added two additional homeowners as named...

  • Hearing

    Jul 31, 2018

Motion: Plaintiff Diego Medina’s (third) Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To continue Plaintiff Diego Medina’s (third) Motion for Preliminary Approval of Class Action Settlement to August 8, 2018. The court is prepared to grant the motion for preliminary approval of class action settlement as fair, ad...

  • Hearing

    Jul 30, 2018

Motion: Respondent Link Lukens’ Motion for Attorney’s Fees Tentative Ruling: There is no tentative ruling. The parties are directed to meaningful meet and confer to resolve this motion. No Court Call is permitted. ...

  • Hearing

    Jul 30, 2018

Motion: Defendants Jasmina Anabo Uson and Daniel Walter Johnson’s Demurrer to First Amended Complaint for Declaratory Relief of Plaintiff, Delmiro L. Toledo Tentative Ruling: To overrule Defendants Jasmina Anabo Uson and Daniel Walter Johnson’s Demurrer to First Amended Complaint for Declaratory Relief of Plaintiff, Delmiro L. Toledo. Plaintiff...

  • Hearing

    Jul 30, 2018