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Kings County Superior Courts Records
Population
152,940
Website
https://www.countyofkings.com
County Seat
Hanford
Phone Number
(559) 852-2375
Form of Government
General Law
Administration Address
1400 W. Lacey Blvd. Hanford, CA 93230
Board of Supervisors
District 1 – Joe Neves
District 2 – Richard Valle
District 3 – Doug Verboon
District 4 – Craig Pedersen
District 5 – Richard Fagundes
Meaning
Kings River; original Spanish name Rio de los Santos Reyes ("River of the Holy Kings").
Court Facts
The court stands by its tentative ruling filed on November 15, 2022. According to the River Cruise case, because the plaintiff therein did agree to arbitrate any dispute with her employer, the employer has the right to seek arbitration of the plaintiff’s individual PAGA claims. (Viking River Cruises, Inc. v Moriana (2022) 596 U.S. ; 142 S. Ct 1906....
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Case No.
19 C 0026
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Hearing
Dec 14, 2022
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County
Kings County, CA
Demurrer to Second Amended ComplaintPlaintiffs were given leave to amend in order to allege facts reflecting a present, non-speculative injury, not derived from the 1981 agreement, that would support the nuisance and trespass claims. The second amended complaint added allegations that by having increased the 200 foot water level in the earthen leve...
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Case No.
22C 0172
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Hearing
Dec 13, 2022
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County
Kings County, CA
Defendant trustee’s demurrer is overruled. The complaint alleges that the living trust is a co-owner of real property with plaintiff. Defendant Virgen has been sued in her capacity as trustee of the living trust. Plaintiff seeks a partition action and an accounting and alleged that the property has historically been rental property and that plainti...
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Case No.
22 C 0265
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Hearing
Dec 12, 2022
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County
Kings County, CA
The court sustains Lemoore’s objections ##3-6 to the declaration of the attorney on the basis of hearsay, lack of foundation and unsupported opinion. The court takes judicial notice of the signed contract between the parties attached to the cross-complaint of Filanc and the city’s request for judicial notice in support of the motion. (CCP §425.16 (...
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Case No.
22C 0041
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Hearing
Dec 07, 2022
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County
Kings County, CA
Fresno’s motion for attorney fees as costsFresno’s motion for attorney fees on appeal as costs is granted. The appellate court found that the city was the prevailing party in its audit lawsuit, was entitled to attorney fees and costs due to the attorney fee provision in the agreement, and that the city was the prevailing party in the writ of mandat...
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Case No.
18 C0051
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Hearing
Dec 05, 2022
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County
Kings County, CA
The objections to the declarations of Forcey and Wallen are overruled. These declarations present a prima facie case that the deletion of the emails sought by plaintiff was inadvertent and unintentional. Plaintiff has failed to present evidence that the loss was knowing or intentional. The motion for terminating, issue and monetary sanctions is den...
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Case No.
21C 0188
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Hearing
Nov 28, 2022
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County
Kings County, CA
Defendant’s motion to compel the four plaintiffs to arbitrate their individual PAGA wage and hour claims is granted. Signed arbitration agreements from all four plaintiffs were attached to the declaration of Mike Casey. The declarant stated it was his responsibility to manage and maintain the arbitration agreements in the defendant’s records and th...
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Case No.
19 C 0026
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Hearing
Nov 16, 2022
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County
Kings County, CA
Demurrer to Cross-ComplaintThe court takes judicial notice of 20C0040 and the settlement agreement in that case.The demurrer to the first cause of action for elder abuse is sustained. The allegations concerning Cross-complainant’s (C/C) alleged right to crop proceeds/ rent from the parcels outside C/C occupancy of the four acres was resolved agains...
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Case No.
22 CV 0187
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Hearing
Sep 20, 2022
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County
Kings County, CA
DemurrerDefendant’s demurrer to the second cause of action for trespass and the third cause of action for nuisance is sustained on the grounds that no duty has been alleged outside the contractual duty of not exceeding the height of the surface water past an elevation of 200 feet behind the earthen levee. (Erlich v Menezes (1999) 21 Cal.4th 543, 55...
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Case No.
22C 0172
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Hearing
Sep 19, 2022
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County
Kings County, CA
Respondents’ demurrer to First Amended PetitionStratford Irrigation District’s request to take judicial notice of the truth of the assertions set forth in counsel’s letter to Sandridge/ Roller Land (objecting to the pipe having been installed across their property without permission, demanding removal, and requesting indemnity) is denied. (Joslin v...
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Case No.
22C0046
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Hearing
Sep 13, 2022
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County
Kings County, CA
Demurrer by Inspire BrandsInspire Brand’s demurrer is overruled. The demurrer relies on case authority. (ASP Properties Group LP v Fard Inc (2005) 133 Cal.App..4th 1257, 1275 [a trial court determined after a UD bench trial that the tenant was not obligated under the terms of the lease to replace the roof of the leased premises. The court ruled tha...
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Case No.
21C0270
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Hearing
Aug 25, 2022
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County
Kings County, CA
Defendants’ objections based on relevance to the declaration of Weaver are overruled. (## 1-21.) Plaintiff’s supervisor’s unwillingness to consider the actions of Valdez in failing to follow her orders and completing job assignments supports plaintiff’s harassment claims because evidence of discrimination based on protected status may be evidentiar...
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Case No.
18C 0082 The individual defendants’ summary adjudication motion directed to the 7th cause of action for retaliation is granted. Individual defendants are not liable for retaliation as a matter of law. (Jones v Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158, 1173; Nazir v United Airlines Inc (2009) 178 Cal.App.4th 243, 287.)
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Hearing
Aug 11, 2022
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given. (Mailed to Costco attorney on 7/7/22.) The motion to add defendant as Doe 1 is granted. The proposed first amended complaint shall be filed within 10 days of this ruling.There are no other tentative rulings. Consistent with California Rule of Court, rule 3.1308 (a)(2), no notice of in...
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Case No.
21 C 0348
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Hearing
Aug 09, 2022
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County
Kings County, CA
Due to the length and complexity of the multiple demurrers and motions to strike brought by multiple defendants, the matters are continued to Thursday, August 25, 2022 at 10:30 a.m. The case management conference is also continued to August 25, 2022 at 10:30 a.m.There are no other tentative rulings. Consistent with California Rule of Court, rule 3....
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Case No.
21C0270
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Hearing
Jul 26, 2022
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County
Kings County, CA
The right to arbitrate depends upon an enforceable contract. (Young v Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) The party seeking arbitration has the initial burden to demonstrate a valid arbitration agreement. (Flores v Evergreen at San Diego LLC (2007) 148 Cal App.4th 581, 586.) Defendant has not presented evidence that plaintiff had...
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Case No.
22C 0082
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Hearing
Jul 18, 2022
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County
Kings County, CA
DemurrerDefendant’s demurrer to the first cause of action for elder abuse is sustained for failure to state facts sufficient to state a cause of action. The first cause of action for elder abuse does not contain any facts directed towards defendant Dr. Magavalli. Causes of action for elder abuse under W&IC §15657 must be pled with specificity. (Cov...
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Case No.
21C0252
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Hearing
Jul 07, 2022
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County
Kings County, CA
There Are No Tentative Rulings for Wednesday, May 1,2 019 Defendant’s motion to bifurcate trial on the issues of liability and damages was not opposed by plaintiffs. The motion is granted....
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Name
REYNOSO V COUNTY OF KINGS
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Case No.
16C0187
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Hearing
Apr 29, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Defendant’s motion to stay, vacate or continue the hearing on the writ of mandate is denied. The writ of mandate is filed in accordance with Government Code sections 970.2 and 970.3. The writ of mandate is a special proceeding to allow the collection of a judgment against a public entity. It is set for hearing on 5/28/19. The 2018 Fresno lawsuit ...
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Name
CITY OF FRESNO V PINEDALE COUNTY WATER DISTRICT
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Case No.
18C0051
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Hearing
Apr 25, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
The court takes judicial notice of the 2016 Outcome evaluation report which sets forth the total number of inmates released from CDCR for each fiscal year 2002-03 through 2013-14. Based on this report, defendants contend the release date of all state prisoners is accurate 99% of the time. (Motion to Strike page 6-7.) The 2016 report sets forth the ...
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Name
TOWNSEND V STATE OF CALIFORNIA ET. AL.
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Case No.
18C0066
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Hearing
Apr 25, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Torem’s demurrer to the 5th and 6th causes of action set forth in the first amended complaint in intervention is overruled. Once a party has been granted permission to intervene in an action, that party becomes an independent party to the action and may take actions as any other party would. (Deutschmann v Sears, Roebuck & Co (1982) 132 Cal App.3d ...
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Name
HILARIO V MARQUEZ BROTHERS INTERNATIONAL
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Case No.
16C0087
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Hearing
Apr 03, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Hathaway v California Department of Forestry and Fire Protection Case No. 18C 0227 Plaintiff’s application for a preliminary injunction is granted. Defendant is ordered to remove the “Intent to Terminate with Cause upon return to employment” from plaintiff’s personnel file. Defendants are also ordered not to repeat orally or in writing the alle...
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Name
TOWNSEND V STATE OF CALIFORNIA ET. AL.
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Case No.
18C0066
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Hearing
Apr 03, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Ocampo v U.S. Farm Systems 17C0253 Motion to sever or bifurcate consolidated cases Zenith’s motion to sever, bifurcate or rescind Zenith’s stipulation to consolidate its action against US Farm with Ocampo’s lawsuit against US Farm is denied. Labor Code §3853 required that these cases against the third party tortfeasor be consolidated. After con...
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Name
HILARIO V MARQUEZ BROTHERS INTERNATIONAL
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Case No.
16C0087
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Hearing
Apr 02, 2019
- Judge Hon. Randy Edwards
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County
Kings County, CA
Plaintiff’s motion for summary adjudication of the affirmative defense of third-party liability is denied. The motion was based on defendant’s discovery responses from 2017 and February of 2018, which only addressed the comparative negligence of deceased driver Felipe Maravilla. Plaintiff contends this was adequate to shift the burden of proof to d...
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Name
MARAVILLA V VALLEY VIEW FARMS
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Case No.
16C0279
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Hearing
Mar 20, 2019
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County
Kings County, CA
The motion for preliminary approval of the settlement of the class action wage and hour lawsuit and provisional class certification is granted....
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Name
AMAYA V KINGS ORCHARDS LLC
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Case No.
17C0197
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Hearing
Mar 13, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given. The motions for good faith settlement filed by Visalia Tile and Central Air Conditioning Inc. are granted. All claims of equitable comparative contribution and comparative indemnification are precluded by this finding. A statement filed by Travelers in response to the Central Air Cond...
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Name
RIVAS V ASHTON PARK
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Case No.
12C0305
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Hearing
Mar 06, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
The demurrer to the causes of action for implied equitable indemnification, contribution and property damage in the first amended cross-complaint is overruled. The court takes judicial notice of its files and finds that cross/complainants have filed a probate petition for letters of special administration for the purpose of suing the estate of Duen...
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Name
RAMIREZ V ADAMS
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Case No.
18C0138
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Hearing
Feb 25, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
No opposition has been filed. Fifteen days notice was given. The petition to confirm the arbitration award is granted....
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Name
EXCELSIOR FARMING V ESPINOZA
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Case No.
16C0224
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Hearing
Feb 14, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Defendants’ motion to compel plaintiff’s further responses to form interrogatories and special interrogatories (4 sets) and for payment of sanctions It does not appear that a further response to Form Interrogatory 2.13 has been provided. Plaintiff’s position was that this interrogatory was not answered by mistake and a further response would be...
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Name
EXCELSIOR FARMING V ESPINOZA
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Case No.
16C0224
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Hearing
Feb 11, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Defendants’ motion to compel plaintiff’s further responses to form interrogatories and special interrogatories (4 sets) and for payment of sanctions It does not appear that a further response to Form Interrogatory 2.13 has been provided. Plaintiff’s position was that this interrogatory was not answered by mistake and a further response would be...
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Name
ENGLE V BEBOUT ET AL.
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Case No.
17C0234
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Hearing
Feb 06, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
The motion to withdraw filed by counsel for plaintiff is granted. The moving papers conclude that plaintiff is most likely not in this country, since a diligent search did not reveal a more current address for the plaintiff and the only ID for the client was a voting certificate from Mexico. Defendant objects to the motion on the grounds that the m...
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Name
HILARIO V MARQUEZ BROTHERS INTERNATIONAL
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Case No.
16C0087
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Hearing
Feb 01, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
The court agrees with plaintiff counsel that due to the fact that verified discovery responses were served 11/8/18, but defendant counsel waited until the Christmas week to send a meet and confer letter, there was inadequate time for meet and confer discussions to take place. However, the court does not find that defendant’s discovery motion should...
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Name
DELEON V WESTERN DENTAL SERVICES INC
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Case No.
17C0258
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Hearing
Jan 30, 2019
- Judge Hon. Kathy Ciuffini
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County
Kings County, CA
Defendants’ motion to compel further verified responses to Special Interrogatories ##20, 22, 24-29 is granted. The attorney-client and work product objections are overruled. The questions are relevant to defendant’s statute of limitations defense and the reasonableness of plaintiff’s alleged delayed discovery of the facts underlying the complaint. ...
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Name
DELEON V WESTERN DENTAL SERVICES INC
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Case No.
17C0258
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Hearing
Jan 04, 2019
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County
Kings County, CA
Ingram v. California Correctional Health Care Services Case No. 16C0302 Specially appearing CCHCS’s motion to quash service on the three Does, alleged to be employees of CCFCS is granted. Proper service requires that a summons include the names of the parties to the action. (CCP §412.20 (a)(2).) No default judgment may be entered against a defe...
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Name
DELEON V WESTERN DENTAL SERVICES INC
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Case No.
17C0258
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Hearing
Jan 03, 2019
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County
Kings County, CA
County’s motion for summary judgment is granted. The County presented evidence through the declarations of county employees that guidelines for the acceptance of applicants to the Resource Family Approval program did not require drug screening. No screening as undertaken by County in connection with the acceptance of the foster care family at issue...
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Name
ARAGON V COUNTY OF KINGS
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Case No.
16C0347
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Hearing
Dec 20, 2018
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County
Kings County, CA
Petitioner’s motion to correct the arbitration award by deleting the finding that a 2005 Agreement was violated with regard to the supervision of the inmate and causals work crew performing concrete work at Avenal State Prison in 2015-2016 is granted. (Code Civ. Proc. §§1285; 1286.2 (a)(4); 1286.6, subd. (b).) Respondent has failed to establish tha...
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Name
CALIFORNIA DEPARTMENT OF HUMAN RESOURCES V INTERNATIONAL UNION OF OPERATING ENGINEERS
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Case No.
18C0027
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Hearing
Dec 12, 2018
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County
Kings County, CA
The motion filed by E&P Concrete Construction Inc. to determine its settlement to be in good faith is granted....
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Name
FURTADO V MCMILLIN MERIDIAN
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Case No.
14C0090
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Hearing
Dec 07, 2018
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County
Kings County, CA
The application is granted....
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Name
ZENITH INS CO V CLAAS OF AMERICA INC
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Case No.
18C0250
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Hearing
Dec 06, 2018
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given. The motion for a second IME is granted for good cause shown....
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Name
BALLESTEROS V HILDRETH
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Case No.
18C0070
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Hearing
Dec 06, 2018
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County
Kings County, CA
The court sustains the objection to the deposition excerpt from Officer Gillum. The officer expressed his opinion that the accident was caused by Rodriguez’s intoxication and the unsafe movements of Rodriguez’s vehicle. The court sustains the objection that the opinion was based on hearsay and was without foundation. (Def Sep. Statement ##30, 31, 3...
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Name
REYNOSO V COUNTY OF KINGS
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Case No.
16C0187
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Hearing
Dec 05, 2018
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County
Kings County, CA
Everest’s motion for leave to file a cross-complaint for equitable reimbursement, contribution and indemnity against the named defendants is granted. The court finds persuasive Everest’s position that the motion to file this cross-complaint was not unduly delayed to the prejudice to Travelers. Everest’s motion to file the cross complaint under Code...
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Name
ADAMS V CENTEX HOMES
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Case No.
12C0248
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Hearing
Dec 05, 2018
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County
Kings County, CA
In re matter of Preston Junior Bush Case No. 18P0099 The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of decedent’s competency than the proposed witness testimony prese...
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Name
REYNOSO V COUNTY OF KINGS
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Case No.
16C0187
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Hearing
Dec 04, 2018
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County
Kings County, CA
In re matter of Preston Junior Bush Case No. 18P0099 The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of decedent’s competency than the proposed witness testimony prese...
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Name
ADAMS V CENTEX HOMES
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Case No.
12C0248
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Hearing
Dec 04, 2018
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County
Kings County, CA
The demurrer to the second cause of action for violation of statute is sustained without leave to amend. Negligence per se is not a separate cause of action, but an application of an evidentiary presumption. (CACI 418; Evid. Code §669, subd. (a ).) The demurrer to the third for gross negligence is sustained without leave to amend. Case law does not...
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Name
HERRERA V WELCH
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Case No.
18C0261
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Hearing
Dec 03, 2018
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County
Kings County, CA
Petitioner’s objection to respondent’s request to present testimony from 4 persons ( Blair, Venegas, Jesus Garcia (respondent’s expert) and Respondent Lee) is sustained. Under Local Rule of Court, rule 308 ( G), unless the court exercises its discretion otherwise, the evidence to be presented at the hearing is to consist of declarations and deposit...
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Name
VENEGAS V BLAIR
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Case No.
18C0289
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Hearing
Nov 30, 2018
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County
Kings County, CA
Defendant has failed to submit declarations to support the burden objection to the request for production of documents. (West Pico Furniture Co v Superior Court (1961) 56 Cal.2d 407, 417 [The objection based upon burden must be sustained by evidence showing the quantum of work required, while to support an objection of oppression there must be so...
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Name
LOZANO V FCA US LLC
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Case No.
18C0104
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Hearing
Nov 29, 2018
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County
Kings County, CA
Harry Meyers v. H. Garcia DEMURRER TO FIRST AMENDED COMPLAINT Case No. 18C0121 Defendants assert that they are immune from liability for the claims set forth in the First Amended Complaint (FAC) under California Government Code Section 845.6. They also argue that: (1) violation of an operating procedure does not give rise to a private right of ...
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Name
VENEGAS V BLAIR
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Case No.
18C0289
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Hearing
Nov 29, 2018
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County
Kings County, CA
The objection to paragraph 2 of the Kaplan declaration is sustained on the basis of lack of foundation and lack of personal knowledge. The motion to compel arbitration of the personnel disputes alleged in the complaint and to stay the action pending completion of arbitration is granted. The defendant and defendant’s counsel have committed to th...
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Name
LOZANO V FCA US LLC
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Case No.
18C0104
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Hearing
Nov 28, 2018
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County
Kings County, CA
Plaintiff counsel’s motion to withdraw as counsel is ordered off calendar. No proof of service of this motion has been filed to date. The motion contends that the client cannot be located. However, a motion to withdraw is also required to be served on all parties who have appeared in the case. (California Rule of Court, rule 3.1362 (d ).) In addi...
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Name
HILARIO V MARQUEZ BROTHERS INTERNATIONAL
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Case No.
16C0087
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Hearing
Nov 19, 2018
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County
Kings County, CA
18 CV0082 Tentative Ruling for D-8, J. Chrissakis Holt v Vanaman HEARING ON PETITION RE GOVERNMENT CODE 946.6 The petitioner’s request for relief from the claims filing requirements is denied. Petitioner has failed to set forth the facts underlying his assertion that his government claim was filed two and a half months late due to his reaso...
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Name
HILARIO V MARQUEZ BROTHERS INTERNATIONAL
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Case No.
16C0087
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Hearing
Nov 14, 2018
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County
Kings County, CA
PLAINTIFF’S EX PARTE APPLICATION FOR A TRO AND ISSUANCE OF AN OSC RE PRELIMINARY INJUNCTION Appropriate notice of the ex parte application was given by Plaintiff. (CRC 3.1200 et. seq.) If Defendant appears, has counsel, and wants to file opposition points and authorities to the Request for Temporary Restraining Order (TRO), the court will enter...
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Name
BETCHEL V MCCRONE
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Case No.
18C0322
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Hearing
Nov 14, 2018
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County
Kings County, CA
The court takes judicial notice of the documents submitted with the demurrer. Defendant’s demurrer to the complaint based on plaintiff’s failure to submit his dispute to binding arbitration is sustained. (Charles J Rounds Co v Joint Council of Teamsters (1971) 4 Cal.3d 888, 899 [demurrer may be based on failure to exhaust administrative remedies, i...
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Name
THOMPSON V HANFORD COMMUNITY HOSPITAL
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Case No.
18C0188
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Hearing
Nov 14, 2018
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County
Kings County, CA
Defendant’s motion to compel the deposition of Anna Z is denied. It was represented that Anna Z (mother and guardian ad litem to plaintiff minor Dani Z) agreed to have her deposition taken by notice to counsel, if her deposition was taken back to back with the minor plaintiff. Correspondence supports the assertion that plaintiff counsel sought coor...
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Name
DANI Z V HANFORD ELEMENTARY SCHOOL DISTRICT
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Case No.
17C0171
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Hearing
Nov 07, 2018
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County
Kings County, CA
Case No. 18C0289 Mary J. Venegas, et. al. v. Holly Andrade Blair MOTION FOR TRIAL SETTING PRECEDENCE Grant the Motion for Precedence under California Code of Civil Procedure Section CCP 1062.3(b) and order the January 8, 2019 Case Management Conference in this case advanced to 8:15 a.m. on November 9, 2018 in Department 8. A controversy is ...
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Name
DANI Z V HANFORD ELEMENTARY SCHOOL DISTRICT
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Case No.
17C0171
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Hearing
Oct 26, 2018
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given to plaintiff counsel and counsel for defendant. The motion to intervene and join Nationwide Ins. Co. is granted. The complaint in intervention is to be filed within 10 days....
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Name
HILARIO V MARQUEZ BROTHERS INTERNATIONAL
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Case No.
16C0087
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Hearing
Oct 22, 2018
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County
Kings County, CA
The motion to dismiss is granted. Plaintiff was given 30 days leave to amend after service of the notice of ruling on the demurrer and motion to strike. Plaintiff failed to file a second amended complaint. The motion to dismiss is granted in accordance with California Code of Civil Procedure section 581, subdivision ( f)(2)....
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Name
BARTON V ADVENTIST MEDICAL CENTER
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Case No.
17C0299
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Hearing
Oct 22, 2018
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County
Kings County, CA
Sustain the demurrer without leave to amend as to the medical negligence claim. The case relied on by defendant is persuasive. (Hendy v Losse (1991) 54 Cal.3d 723.) As set forth therein, the exacerbation of a work related injury by a person employed by the same employer to treat its employees is an injury within the workers compensation scheme. T...
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Name
SPEARS V CHANG
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Case No.
18C0034
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Hearing
Oct 19, 2018
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County
Kings County, CA
A workers compensation carrier may bring a subrogation claim in its own name for recovery of compensation paid to the employee injured by a third person. (New Plumbing Contractors Inc. v Nationwide Mutual Ins. Co. (1992) 7 Cal App. 4th 1088, 1093; Labor Code §3850, subd. ( b) [employer includes insurer].). The insurer’s subrogated right is its righ...
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Name
ZENITH INSURANCE V HARRELL
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Case No.
18C0094
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Hearing
Oct 19, 2018
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County
Kings County, CA
Reply has not been filed. Based upon the pleadings on file, the court finds that as to the motion to compel further discovery responses, plaintiff did not present a written agreement extending the time to file a motion to compel further responses. An oral agreement is alleged in the declaration of attorney Brown at ¶6, but a written agreement was n...
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Name
BEBOUT V MCDONALD’S RESTAURANTS
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Case No.
18C0008
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Hearing
Oct 18, 2018
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County
Kings County, CA
The court finds that even if jury was waived by defendants not posting jury fees before they retained their present counsel in June of 2018, good cause was presented to allow this matter to proceed as a jury trial. (Code Civ. Proc. §631, subdivision (g).) No prejudice to plaintiff is apparent from defendant having requested a jury trial and posting...
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Name
WEST HILLS COMMUNITY COLLEGE V TAYLOR
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Case No.
17C0159
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Hearing
Oct 16, 2018
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County
Kings County, CA
Motion to strike class action allegations from First Amended Complaint The motion to strike the class action allegations is granted without leave to amend. The court sua sponte takes judicial notice of the lawsuit transferred to this court in connection with plaintiff’s petition for relief from the claims filing requirements. (17C0145) Plaintiff’...
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Name
TOWNSEND V STATE OF CALIFORNIA ET. AL.
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Case No.
18C0066
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Hearing
Oct 15, 2018
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County
Kings County, CA
Defendant Jim Crisp’s motion to set aside the default is granted under Code of Civil Procedure section 473, subdivision (d ) [ a court may correct a clerical mistake and set aside a void order]. The default is also set aside under Code of Civil Procedure section 473 subdivision (b) based on surprise and excusable inadvertence. The court has read th...
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Name
BELLA VERDE LLC V CRISP WAREHOUSE INC
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Case No.
15C0266
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Hearing
Oct 11, 2018
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County
Kings County, CA
The complaint alleged that despite numerous requests, defendant failed and refused to transfer title of the car to plaintiff, which resulted in the car being impounded by the police. The complaint at paragraph 24 alleged defendants intended to harm and cause injury to plaintiff. It is alleged defendants intentionally misrepresented facts to plainti...
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Name
ORTIZ V KELLER FORD LINCOLN
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Case No.
18C0219
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Hearing
Oct 10, 2018
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County
Kings County, CA
The motion to strike is granted in part. The demurrer to the First Amended Complaint is sustained. Leave to amend is granted as to the motion to strike and demurrer. Plaintiffs’ opposition relies on California Code of Regulation, title 22 section 72527 (a)(3) in support of the existence of a duty to disclose to decedent and decedent’s family memb...
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Name
ENGLE V BEBOUT ET AL.
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Case No.
17C0234
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Hearing
Oct 10, 2018
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County
Kings County, CA
In re surplus funds following foreclosure on 1095 Jordan Way, Hanford CA Case No. 18 C 0141 A claim to the surplus funds was filed by Jose Salazar. No declaration, birth certificate, probate orders or other documents were filed to support the claim. Claimant is to supply documentation to support his claim that he is the only person entitled to ...
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Name
ENGLE V BEBOUT ET AL.
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Case No.
17C0234
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Hearing
Oct 04, 2018
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County
Kings County, CA
Pinedale’s motion to order a Fresno Superior Court lawsuit transferred and consolidated with this writ of mandate is denied. This court has already considered the arguments made by Pinedale contesting the legality of the contract on which a judgment affirmed on appeal arose. This court found that Pinedale failed to cite persuasive authority to supp...
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Name
CITY OF FRESNO V PINEDALE COUNTY WATER DISTRICT
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Case No.
18C0051
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Hearing
Oct 04, 2018
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County
Kings County, CA
Defendant’s motion to compel responses to Form Interrogatories Late responses with inconsistent verifications were received after the motion to compel responses to form interrogatories was filed. It is uncertain if the verifications can be relied upon, given the verification date of 7/18/18. The motion to compel verified responses to Form Interro...
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Name
DELEON V WESTERN DENTAL SERVICES INC
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Case No.
17C0258
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Hearing
Oct 01, 2018
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County
Kings County, CA
Due to court congestion and the volume of the record, this matter must be continued to a date in the future. The court suggests that an hour time slot be calendared. The parties are to meet and confer and select a continued hearing date with the court clerk....
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Name
SAN JOAQUIN VALLEY ENVIRONMENTAL DEFENSE CENTER V CITY OF HANFORD
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Case No.
17C0142
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Hearing
Sep 27, 2018
- Judge Hon. Donna Tarter
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County
Kings County, CA
Petitioner’s application for a stay of the decision of respondent suspending petitioner’s teaching credentials for 150 days is denied. (Decision dated 8/10/18 was allegedly stayed by respondent until 9/9/18. Stay was then extended by stipulation until September 21, 2018.) The original petition filed in this lawsuit on November 6, 2017, challenged...
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Name
DUGAL V COMMISSION OF TEACHER CREDENTIALING
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Case No.
17C0296
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Hearing
Sep 27, 2018
- Judge Hon. Donna Tarter
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County
Kings County, CA
TD Bank USA v Mariscal Case No. 18 CV 0487 No opposition has been filed. Proper notice of motion was given. Based on the pleadings filed, the motion for judgment on the pleadings in favor of plaintiff is granted....
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Name
SAN JOAQUIN VALLEY ENVIRONMENTAL DEFENSE CENTER V CITY OF HANFORD
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Case No.
17C0142
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Hearing
Sep 26, 2018
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County
Kings County, CA
Plaintiff’s objections ##1-4 to the evidence are sustained. This ruling, in addition to the declarations of school administrators disputing UMF 18, 19, 20, 31, raise a triable issue of fact as to plaintiff administrators’ expectations of confidentiality. Defendants’ motion for summary judgment based on the one year statute of limitations from dis...
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Name
WEST HILLS COMMUNITY COLLEGE V TAYLOR
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Case No.
17C0159
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Hearing
Sep 21, 2018
- Judge Hon. Donna Tarter
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County
Kings County, CA
Petitioner’s application for a stay of the decision of respondent suspending petitioner’s teaching credentials for 150 days is denied without prejudice to renew. (Decision dated 8/10/18 was allegedly stayed by respondent until 9/9/18. Stay was then extended by stipulation until today.) The original petition filed in this lawsuit on November 6, 20...
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Name
DUGAL V COMMISSION OF TEACHER CREDENTIALING
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Case No.
17C0296
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Hearing
Sep 21, 2018
- Judge Hon. Donna Tarter
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County
Kings County, CA
Defendant’s motion to compel plaintiff to pay the balance due of $1000 towards the videotaped deposition of defendant’s expert is granted. Plaintiff counsel was advised of the fee charged by defendant’s designated witness. The fee schedule clearly designated the fee at $1000 per hour and $1500 per hour, if the deposition was videotaped. (Dec. Aharo...
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Name
COPE V WYNN
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Case No.
16C0167
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Hearing
Sep 19, 2018
- Judge Hon. Louis F. Bissig
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County
Kings County, CA
Cross-defendants demur to the cross-complaint is sustained with 90 days leave to amend. No facts were pleaded to support an equitable indemnity, contribution or property damage claim against the cross-defendants [heirs of decedent in this wrongful death action]. The moving party requested an opportunity to create an estate for decedent. The demurre...
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Name
RAMIREZ V ADAMS
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Case No.
18C0138
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Hearing
Sep 17, 2018
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County
Kings County, CA
Midland Funding v Fearnside Case No. 18 CV 0191 No opposition has been filed. Proper notice of motion was given. Based on the pleadings filed, the motion for judgment on the pleadings is granted in favor of plaintiff. The proposed order and judgment (one pleading) sets forth the last name of the defendant as Fearnside. The answer was filed on beh...
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Name
RAMIREZ V ADAMS
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Case No.
18C0138
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Hearing
Sep 13, 2018
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County
Kings County, CA
Defendant Adventist Health-Hanford, Dr. Stewart and Sequoia Surgical Specialist Medical Group motions for summary judgment are granted. The court finds that plaintiff’s complaint for medical malpractice is barred by the one year after discovery portion of the statute of limitations. (Code Civ. Proc. §340.5 [the time for the commencement of action s...
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Name
MATTOS V ADVENTIST HEALTH
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Case No.
17C0029
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Hearing
Sep 12, 2018
- Judge Hon. Robert Shane Burns
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County
Kings County, CA
The standard of review the court must apply when reviewing the sufficiency of the evidence to support the imposition of discipline against a correctional officer with CDCR is the independent judgment test. (Melkonians v Los Angeles County Civil Serv (2009) 174 Cal.App.4th 1159, 1167; Jackson v City of Los Angeles (2003) 111 Cal. App.4th 899, 902.) ...
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Name
LEMUS V CALIF STATE PERSONNEL BOARD
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Case No.
17C0164
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Hearing
Sep 11, 2018
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County
Kings County, CA
Defendant’s motion to compel arbitration and stay this lawsuit until arbitration has been completed is granted. Defendant’s non-compliance with Labor Code sections 226 and 1198.5 does not support a finding that defendant has waived its right to seek arbitration. The Labor Codes provide that the penalty for failing to produce the personnel record of...
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Name
LEMUS V CALIF STATE PERSONNEL BOARD
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Case No.
17C0164
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Hearing
Aug 31, 2018
- Judge Hon. Michael J Reinhart
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County
Kings County, CA
There no tentative rulings for Wednesday, August 29, 2018 The demurrer to the first cause of action for breach of contract is overruled. The court takes judicial notice of the 11/25/14 memorandum of understanding attached as an exhibit to the original complaint. The last sentence of the agreement provided that its terms “are binding” and that t...
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Name
HELENA AGRI-ENTERPRISES V CITY OF HANFORD
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Case No.
17C0102
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Hearing
Aug 23, 2018
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County
Kings County, CA
Defendant’s objections to the declaration of Mr. Sario are sustained. Mr Sario’s resume and qualifications were not attached to his declaration. His opinions and conclusions are without foundation. The date of his inspection is not discussed in his declaration, which contributes to the lack of foundation objection. Plaintiff did not comply with C...
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Name
RODRIGUEZ V PACIFIC SPECIALTY INSURANCE CO.
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Case No.
14C0283
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Hearing
Aug 23, 2018
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County
Kings County, CA
Motion to Compel Counsel for Financial Pacific has not filed a supplemental brief to date. It was due 8/15/18. The attorney was to support her claim that the insurance policies have proprietary value and although the insurance company intends to produce the policies, they want them marked confidential and not used except in this lawsuit. Counsel ...
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Name
THE TRAVELERS INDEMNITY COMPANY V SB LIGHTING CO ET AL.
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Case No.
17C0174
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Hearing
Aug 22, 2018
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Based on the pleadings on file, the motion to compel responses to form and special interrogatories and the request for production of documents is granted. All objections have been waived. Verified responses are due 10 days from service of notice of ruling. Sanctions are ordered in t...
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Name
ARELLANO V SANTIAGO
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Case No.
18C0021
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Hearing
Aug 15, 2018
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Plaintiff counsel’s motion to withdraw as counsel is granted. The next hearing is the settlement conference on 11/14/18....
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Name
TONEY V NIETO
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Case No.
16C0336
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Hearing
Aug 14, 2018
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County
Kings County, CA
Brightwell v De-Jiminez Case No. 18 CV0013 The defendant’s demurrer is overruled. Even accepting that the demurrer was directed to the First Amended Complaint, a demurrer cannot be brought against a prayer for punitive damages, or an exemplary damage attachment to a complaint. ( Ramsden v Western Union (1977) 71 Cal.App.3d 873, 882-883.) Defend...
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Name
TONEY V NIETO
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Case No.
16C0336
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Hearing
Aug 13, 2018
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County
Kings County, CA
A review of the criminal database for Kings County indicates that no criminal charges were ever filed against petitioner. Accordingly, there was no legal basis for respondent to suspend and then terminate petitioner’s housing benefits and hence no need to remand this case for further hearing. The petition for writ of mandate is granted. Responden...
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Name
STOKES V HOUSING AUTHORITY OF KINGS COUNTY
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Case No.
17C0297
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Hearing
Aug 10, 2018
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County
Kings County, CA
The court finds the class action settlement fair and the amounts to be paid to counsel and the settlement administrator to be reasonable. The motion for final approval of the class action settlement is granted. A hearing date for final compliance is set for Monday, 4/29/19 at 8:15 a.m. in this Department. The hearing will go off calendar if a decla...
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Name
MEDINA-YEPEZ V RIVER RANCH FARMS LLC
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Case No.
17C0109
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Hearing
Aug 07, 2018
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County
Kings County, CA
Thre are no tentative rulings for Monday, August 6, 2018 Defendant’s motion to stay the involuntary dissolution of the corporation is granted upon defendant’s posting of a $30,000 bond. (Corp. Code §2000, subd. (b).) The parties are to meet and confer concerning the appointment of the appraisers. Each party shall select an appraiser and the two...
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Name
TENNANT V JAY’S CONSTRUCTION INC.
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Case No.
18C0146
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Hearing
Jul 24, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
(consolidated with 17C0239 and 17C0241) Defendant’s objections to evidence: #1 [objection overruled, the FAC alleged that the driver hit “soft and/or depressed ground.” This is an adequate factual allegation so that plaintiff’s experts discussion of the water holes (which were alleged to be part of defendant’s irrigation system) is not outside th...
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Name
MARAVILLA V VALLEY VIEW FARMS
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Case No.
16C0279
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Hearing
Jul 24, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
Case No. 18 C0051 The city’s demurrer to Pinedale’s cross-complaint is sustained without leave to amend. Pinedale has failed to cite persuasive authority that it may file a cross-complaint to a petition for writ of mandate filed in accordance with Government Code sections 970.2 and 970.4. The city obtained a judgment confirming its contractual ri...
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Name
CITY OF FRESNO V PINEDALE COUNTY WATER DISTRICT
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Case No.
18C0051
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Hearing
Jul 23, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
City of Fresno v Pinedale County Water District D-8 Case No. 18 C0051 The city’s demurrer to Pinedale’s cross-complaint is sustained without leave to amend. Pinedale has failed to cite persuasive authority that it may file a cross-complaint to a petition for writ of mandate filed in accordance with Government Code sections 970.2 and 970.4. The ...
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Name
MARAVILLA V VALLEY VIEW FARMS
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Case No.
16C0279
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Hearing
Jul 23, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
Reply has not been filed to date. Opposition was served by overnight mail on defendants on June 28, 2018. Based on the pleadings on file, the motion to quash service of summons and complaint is denied. Each individual defendant did not file his own declaration. The joint declaration was without foundation as to the claim that “The summons filed by ...
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Name
GREEN AGE DEVELOPMENT V IHOME PROPERTIES
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Case No.
18C0084
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Hearing
Jul 12, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
The court takes judicial notice of the fact that the complaint herein was filed on June 8, 2017. A trial court has discretion to look outside the separate statement of a party when the fact is called to the attention of the court and opposing party, but inadvertently omitted from the separate statement. (San Diego Watercrafts, Inc v Wells Fargo Ban...
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Name
WEST HILLS COMMUNITY COLLEGE V TAYLOR
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Case No.
17C0159
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Hearing
Jul 12, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Central Air Conditioning Inc.’s motion to determine good faith settlement is granted....
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Name
FURTADO V MCMILLIN MERIDIAN
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Case No.
14C0090
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Hearing
Jul 10, 2018
- Judge Hon. James T. Laporte
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County
Kings County, CA
Plaintiff’s motion to require District to produce the multidisciplinary psychoeducational report is granted (after District gives notice to the parents of the third party student and no objection is made within 30 days, if this notice has not already been given. Parents of third party student are the holder of any privilege as set forth in Eviden...
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Name
DANI Z V HANFORD ELEMENTARY SCHOOL DISTRICT
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Case No.
17C0171
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Hearing
Jun 27, 2018
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County
Kings County, CA
Defendant’s demurrer to the first cause of action for elder abuse is overruled. Defendant’s motion to strike the enhanced remedies allowed by W&IC 15657 is denied. The FAC alleged that decedent was a patient at Kings Nursing & Rehabilitation Hospital Inc. from September 4, 2012 until June 13, 2017. Decedent died three days after she left the fa...
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Name
MATHEWS BY HER SUCCESSOR WHITING V KINGS NURSING ET. AL.
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Case No.
17C0325
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Hearing
Jun 22, 2018
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County
Kings County, CA
Timely notice was given under Civil Code section 3080.03 . No response was filed. The court grants the Motion for Order Authorizing Sale of Livestock Prior to Judgment (Civ. Code 3080.03), as follows: (1) Defendant may prevent the sale by filing an undertaking in the amount of $150,000 by July 3, 2018 (Civ. Code 3080.11 [The undertaking t...
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Name
4K DAIRY FAMILY PARTNERSHIP V CHRISTIE D-8
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Case No.
18C0159
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Hearing
Jun 22, 2018
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County
Kings County, CA
- Alameda County
- Amador County
- Butte County
- Calaveras County
- Contra Costa County
- El Dorado County
- Fresno County
- Kern County
- Kings County
- Lassen County
- Los Angeles County
- Marin County
- Mendocino County
- Merced County
- Monterey County
- Napa County
- Nevada County
- Orange County
- Placer County
- Plumas County
- Riverside County
- Sacramento County
- San Bernardino County
- San Diego County
- San Francisco County
- San Joaquin County
- San Luis Obispo County
- San Mateo County
- Santa Barbara County
- Santa Clara County
- Santa Cruz County
- Shasta County
- Solano County
- Sonoma County
- Stanislaus County
- Tulare County
- Tuolumne County
- Ventura County
- Yolo County
- Yuba County