The Honorable D. Tyler Tharpe

Fresno County Superior Court, Department 402

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Biography

The Hon. D. Tyler Tharpe is a judge for the Superior Court of Fresno County in California. He was appointed to the bench in 2006 by former Governor Arnold Schwarzenegger. He was re-elected in 2008 and again in 2014 after he ran unopposed.

Judge Tharpe received both his B.A. and B.S. from California State University Fresno. He later received a J.D. from the University of the Pacific, McGeorge School of Law.

Following his completion of law school, Judge Tharpe became a partner at the law firm of Kimble, MacMichael & Upton. During his time at the law firm, he specialized in complex civil litigation. Prior to his appointment Tharpe also spent time working as a research attorney for the California Fifth District Court of Appeal.

Recent Rulings by Hon. D. Tyler Tharpe

  • FERNANDEZ V. SUBURBAN PROPANE, L.P.

    Jun 30, 2020 |  Fresno County

    Motion: Plaintiffs’ Motion to Certify Class
    Defendant’s Motion to Deny Class Certification, or in the
    Alternative, to Strike Class Allegations
    Tentative Ruling:
    To deny plaintiffs’ motion to certify the class, without prejudice. (Code Civ. Proc. § 382; Cal. Rules of Court, Rule 3.764, s...

  • CLARE V. WAL-MART STORES, INC.

    Jun 30, 2020 |  Fresno County

    Motion: Defendant’s Motion for Summary Judgment
    Tentative Ruling:
    To deny defendant’s motion for summary judgment. (Code Civ. Proc. § 437c.) Explanation:
    Defendant contends that it is entitled to summary judgment of the entire complaint because it had no actual or constructive notice of the ...

  • BEE SWEET CITRUS, INC. V. STYLE-LINE CONSTRUCTION, INC., ET AL.

    Jun 30, 2020 |  Fresno County

    Motion: Kingspan Insulated Panel, Inc.’s, Motion for Judgment on the
    Pleadings of Style-Line Construction, Inc.’s, First Amended
    Cross-Complaint
    Tentative Ruling:
    To grant the motion for judgment on the pleadings without leave to amend. Kingspan Insulated Panels, Inc., shall have ten co...

  • CLARE V. WAL-MART STORES, INC.

    Jun 30, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Leave to File First Amended Complaint
    Tentative Ruling:
    To grant plaintiff’s motion for leave to file a first amended complaint. (Code Civ. Proc. § 473, subd. (a).) Plaintiff shall serve and file her first amended complaint within ten days of the date of service of ...

  • HANFORD COMMUNITY HOSPITAL V. RANDHAWA

    Jun 26, 2020 |  Fresno County

    Motion: By Defendant Randhawa to Compel Plaintiff’s Answers to
    Discovery Requests
    Tentative Ruling:
    To take the motions to compel off calendar, as no moving papers have been filed. Pursuant to California Rules of Court, rule 3.1312, subd. (a), and Code of Civil Procedure section 1019.5, subd...

  • SEIBERT V. SEIBERT

    Jun 23, 2020 |  Fresno County

    Motion: Defendant Wendy Seibert’s Motion to Join Kyle Seibert as an
    Indispensable Party
    Tentative Ruling:
    To deny the motion and dismiss this civil action. Plaintiff may file a motion for joinder pursuant to Family Code section 2021 in the pending family court action, case no. 15CEFL06847.

  • HERRERA V. GENERAL MOTORS, LLC

    Jun 23, 2020 |  Fresno County

    Motion: Plaintiffs’ Motion to Compel Deposition Appearance of
    Defendant’s Person Most Knowledgeable and Request for
    Sanctions
    Tentative Ruling:
    To deny plaintiffs’ motion to compel defendant General Motor’s person most knowledgeable and custodian of records to attend his or her depositi...

  • NORTHERN CALIFORNIA COLLECTION SERVICE V. BRYANT

    Jun 22, 2020 |  Fresno County

    Motion: by plaintiff for summary judgment
    Tentative Ruling:
    To continue to November 19, 2020.
    Explanation:
    Code of Civil Procedure section 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that f...

  • ALLEN V. STATE OF CALIFORNIA

    Jun 22, 2020 |  Fresno County

    Motion: demurrer by defendant State of California, State Hospitals, and several individual defendants to the First Amended Complaint
    (“FAC”)
    Tentative Ruling:
    To overrule the demurrer on the basis of Code of Civil Procedure section 430.10, subdivision (d). To sustain the demurrer on the basi...

  • NUNEZ V. SERVIN

    Jun 18, 2020 |  Fresno County

    Motion: Defendant Elaine Cantu’s motion to vacate renewal of
    judgment
    Tentative Ruling:
    To grant. The renewal of judgment dated December 11, 2019, shall be vacated as to Defendant Elaine Cantu. The abstract of judgment dated December 12, 2019, shall be vacated as to Defendant Elaine Cantu.

  • SOUZA V. MID VALLEY SERVICES, INC.

    Jun 18, 2020 |  Fresno County

    Motion: By Plaintiffs to Compel Discovery Responses and the Production of Documents, and for Sanctions.
    Tentative Ruling:
    To grant the motion to compel verified responses without objection to the First Demand for Documents Propounded by Plaintiffs to Defendant DWJ Mortgage Corp., dba The Mortgage...

  • CENTENO V. CITY OF FRESNO

    Jun 17, 2020 |  Fresno County

    Motion: Defendants’ Motion for Summary Judgment, or in the
    Alternative Summary Adjudication
    Tentative Ruling:
    To deny defendants’ motion for summary judgment, and the alternative motion for summary adjudication. (Code Civ. Proc. § 437c.)
    Explanation:
    First, the defendants have alre...

  • PANIAGUA V BRODER BROS.

    Jun 17, 2020 |  Fresno County

    Motion: by plaintiffs for final approval of class settlement
    Tentative Ruling:
    To grant final approval if those for whom the notice packet was returned and no forwarding address found are excluded from the class via stipulation. To grant costs of $25,500.70. To grant plaintiff Paniagua an incenti...

  • MARTIN V. STATE CENTER COMMUNITY COLLEGE DISTRICT

    Jun 17, 2020 |  Fresno County

    Motion: SCCCD’s Motion to Compel Plaintiff to Answer Deposition
    Questions
    Tentative Ruling:
    To grant in part and compel plaintiff to submit to up to an additional four hours of deposition regarding matters not covered in the prior deposition. Otherwise, to deny without prejudice.
    Explan...

  • MARTIN V. STATE CENTER COMMUNITY COLLEGE DISTRICT

    Nov 19, 2019 |  Fresno County

    Motions: 1) By defendant to compel further responses to Form
    Interrogatories (Employment), Set No. One
    2) By defendant to compel further responses to Form Interrogatories
    (Employment), Set No. Two
    3) By defendant to compel further responses to Request for
    Admissions, Set No. One

  • PATRICK FRASER V. RV COUNTRY, INC.

    Nov 19, 2019 |  Fresno County

    In the event oral argument is requested, it will be heard at 3:00 p.m. in Department 402.
    Motion: Plaintiffs’ motion for leave to file a second amended complaint Tentative Ruling:
    To order the entire action stayed, pending the completion of defendants’ appeal.
    Explanation:
    In relevant p...

  • ALVAREZ V. RODRIGUEZ

    Sep 30, 2019 |  Fresno County

    Motion: Strike Unverified Answer
    Tentative Ruling:
    To grant the motion to strike defendant’s unverified answer, with defendant granted 10 days’ leave to file a first amended verified answer. (Code Civ. Proc. §§ 436(b), 446(a).) The time in which the answer can be amended will run from service by ...

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Recent Rulings by Hon. D. Tyler Tharpe

  • FERNANDEZ V. SUBURBAN PROPANE, L.P.

    Jun 30, 2020 |  Fresno County

    Motion: Plaintiffs’ Motion to Certify Class
    Defendant’s Motion to Deny Class Certification, or in the
    Alternative, to Strike Class Allegations
    Tentative Ruling:
    To deny plaintiffs’ motion to certify the class, without prejudice. (Code Civ. Proc. § 382; Cal. Rules of Court, Rule 3.764, s...

  • CLARE V. WAL-MART STORES, INC.

    Jun 30, 2020 |  Fresno County

    Motion: Defendant’s Motion for Summary Judgment
    Tentative Ruling:
    To deny defendant’s motion for summary judgment. (Code Civ. Proc. § 437c.) Explanation:
    Defendant contends that it is entitled to summary judgment of the entire complaint because it had no actual or constructive notice of the ...

  • BEE SWEET CITRUS, INC. V. STYLE-LINE CONSTRUCTION, INC., ET AL.

    Jun 30, 2020 |  Fresno County

    Motion: Kingspan Insulated Panel, Inc.’s, Motion for Judgment on the
    Pleadings of Style-Line Construction, Inc.’s, First Amended
    Cross-Complaint
    Tentative Ruling:
    To grant the motion for judgment on the pleadings without leave to amend. Kingspan Insulated Panels, Inc., shall have ten co...

  • CLARE V. WAL-MART STORES, INC.

    Jun 30, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Leave to File First Amended Complaint
    Tentative Ruling:
    To grant plaintiff’s motion for leave to file a first amended complaint. (Code Civ. Proc. § 473, subd. (a).) Plaintiff shall serve and file her first amended complaint within ten days of the date of service of ...

  • HANFORD COMMUNITY HOSPITAL V. RANDHAWA

    Jun 26, 2020 |  Fresno County

    Motion: By Defendant Randhawa to Compel Plaintiff’s Answers to
    Discovery Requests
    Tentative Ruling:
    To take the motions to compel off calendar, as no moving papers have been filed. Pursuant to California Rules of Court, rule 3.1312, subd. (a), and Code of Civil Procedure section 1019.5, subd...

  • SEIBERT V. SEIBERT

    Jun 23, 2020 |  Fresno County

    Motion: Defendant Wendy Seibert’s Motion to Join Kyle Seibert as an
    Indispensable Party
    Tentative Ruling:
    To deny the motion and dismiss this civil action. Plaintiff may file a motion for joinder pursuant to Family Code section 2021 in the pending family court action, case no. 15CEFL06847.

  • HERRERA V. GENERAL MOTORS, LLC

    Jun 23, 2020 |  Fresno County

    Motion: Plaintiffs’ Motion to Compel Deposition Appearance of
    Defendant’s Person Most Knowledgeable and Request for
    Sanctions
    Tentative Ruling:
    To deny plaintiffs’ motion to compel defendant General Motor’s person most knowledgeable and custodian of records to attend his or her depositi...

  • NORTHERN CALIFORNIA COLLECTION SERVICE V. BRYANT

    Jun 22, 2020 |  Fresno County

    Motion: by plaintiff for summary judgment
    Tentative Ruling:
    To continue to November 19, 2020.
    Explanation:
    Code of Civil Procedure section 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that f...

  • ALLEN V. STATE OF CALIFORNIA

    Jun 22, 2020 |  Fresno County

    Motion: demurrer by defendant State of California, State Hospitals, and several individual defendants to the First Amended Complaint
    (“FAC”)
    Tentative Ruling:
    To overrule the demurrer on the basis of Code of Civil Procedure section 430.10, subdivision (d). To sustain the demurrer on the basi...

  • NUNEZ V. SERVIN

    Jun 18, 2020 |  Fresno County

    Motion: Defendant Elaine Cantu’s motion to vacate renewal of
    judgment
    Tentative Ruling:
    To grant. The renewal of judgment dated December 11, 2019, shall be vacated as to Defendant Elaine Cantu. The abstract of judgment dated December 12, 2019, shall be vacated as to Defendant Elaine Cantu.

  • SOUZA V. MID VALLEY SERVICES, INC.

    Jun 18, 2020 |  Fresno County

    Motion: By Plaintiffs to Compel Discovery Responses and the Production of Documents, and for Sanctions.
    Tentative Ruling:
    To grant the motion to compel verified responses without objection to the First Demand for Documents Propounded by Plaintiffs to Defendant DWJ Mortgage Corp., dba The Mortgage...

  • CENTENO V. CITY OF FRESNO

    Jun 17, 2020 |  Fresno County

    Motion: Defendants’ Motion for Summary Judgment, or in the
    Alternative Summary Adjudication
    Tentative Ruling:
    To deny defendants’ motion for summary judgment, and the alternative motion for summary adjudication. (Code Civ. Proc. § 437c.)
    Explanation:
    First, the defendants have alre...

  • PANIAGUA V BRODER BROS.

    Jun 17, 2020 |  Fresno County

    Motion: by plaintiffs for final approval of class settlement
    Tentative Ruling:
    To grant final approval if those for whom the notice packet was returned and no forwarding address found are excluded from the class via stipulation. To grant costs of $25,500.70. To grant plaintiff Paniagua an incenti...

  • MARTIN V. STATE CENTER COMMUNITY COLLEGE DISTRICT

    Jun 17, 2020 |  Fresno County

    Motion: SCCCD’s Motion to Compel Plaintiff to Answer Deposition
    Questions
    Tentative Ruling:
    To grant in part and compel plaintiff to submit to up to an additional four hours of deposition regarding matters not covered in the prior deposition. Otherwise, to deny without prejudice.
    Explan...

  • MARTIN V. STATE CENTER COMMUNITY COLLEGE DISTRICT

    Nov 19, 2019 |  Fresno County

    Motions: 1) By defendant to compel further responses to Form
    Interrogatories (Employment), Set No. One
    2) By defendant to compel further responses to Form Interrogatories
    (Employment), Set No. Two
    3) By defendant to compel further responses to Request for
    Admissions, Set No. One

  • PATRICK FRASER V. RV COUNTRY, INC.

    Nov 19, 2019 |  Fresno County

    In the event oral argument is requested, it will be heard at 3:00 p.m. in Department 402.
    Motion: Plaintiffs’ motion for leave to file a second amended complaint Tentative Ruling:
    To order the entire action stayed, pending the completion of defendants’ appeal.
    Explanation:
    In relevant p...

  • ALVAREZ V. RODRIGUEZ

    Sep 30, 2019 |  Fresno County

    Motion: Strike Unverified Answer
    Tentative Ruling:
    To grant the motion to strike defendant’s unverified answer, with defendant granted 10 days’ leave to file a first amended verified answer. (Code Civ. Proc. §§ 436(b), 446(a).) The time in which the answer can be amended will run from service by ...

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