The Honorable D. Tyler Tharpe

Fresno County Superior Court, Department 402

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

  • JOHNSON V. WATT

     |  Fresno County

    Motions (x2): Petitions to compromise claims of minors
    Tentative Ruling:
    To deny both petitions without prejudice. Petitioner must file amended petitions and obtain a new hearing date for consideration of the amended petitions. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.)
    Explanation...

  • PEREZ V. GIDEON

     |  Fresno County

    Motion: Petition to compromise minor's claim
    Tentative Ruling:
    To grant. Order signed. Hearing off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting th...

  • PERKINS V. EXCLUSIVE WIRELESS, INC.

     |  Fresno County

    Motion: by plaintiff for class certification and preliminary approval of class settlement
    Tentative Ruling:
    To continue the hearing to March 18, 2021, at 3:30 p.m. in Department 501. To order defendant to appear at the March 18 hearing and show cause, if there is any, why it should not be sanctio...

  • RICHARDSON V. JCT TRUCKING, ET AL.

     |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Proposed order signed. Hearing off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order ad...

  • PRUNEDA V. SELECT PORTFOLIO SERVICING, INC.

     |  Fresno County

    Motion: Defendant’s demurrer to the Complaint and motion to strike
    portions of the Complaint
    Tentative Ruling:
    To grant the request for the court to take judicial notice of the recorded documents. (Evid. Code § 452, subd. (h).)
    To sustain the special demurrer. (Code of Civ. Proc. § 430....

  • ITURRALDE V. O’CAIN

     |  Fresno County

    Motion: by Defendant Linda O’Cain to Set Aside Default
    Tentative Ruling:
    To grant defendant Linda O’Cain’s motion to set aside the default entered against her on March 12, 2020. (Code Civ. Proc. § 473, subd. (b).) Defendant shall file and serve her Answer to the Complaint within 15 days of the da...

  • OTTO V. FOSTER FARMS, LLC

     |  Fresno County

    Motion: by Defendants Foster Farms, LLC, and Foster Poultry Farms,
    Inc., for Demurrer and Motion to Strike Portions of First
    Amended Complaint (FAC)
    Tentative Ruling:
    To overrule the demurrer as to the sixth cause of action.
    To sustain the demurrer as to the tenth cause of action, ...

  • MARTIN V. STATE CENTER COMMUNITY COLLEGE DISTRICT

     |  Fresno County

    Motion: by Defendant State Center Community College District for
    Summary Judgment or, in the Alternative, Summary
    Adjudication
    Tentative Ruling:
    To deny defendant’s motion in all respects. (Code Civ. Proc. § 437c.)
    Explanation:
    First Cause of Action: Defendant State Center Com...

  • DE LA CRUZ V. ZAMORA

     |  Fresno County

    Motion: by Defendant Zamora for Terminating Sanctions
    Tentative Ruling:
    To grant defendant’s motion for terminating sanctions against plaintiff, as plaintiff has willfully refused to comply with this court’s order compelling him to respond to discovery. (Code Civ. Proc. §§ 2023.010, subd. (g); 20...

  • LANDAS V. LLANERA, ET AL.

     |  Fresno County

    Motion: Default Prove-up Hearing
    Tentative Ruling:
    To deny, unless plaintiff can establish compliance with Code of Civil Procedure section 763.020, subdivision (a).
    Explanation:
    Where publication is ordered, it is governed by Code of Civil Procedure section 415.50, and is subject to the...

  • MAXWELL V. FRESNO COUNTY SPORTSMEN’S CLUB

     |  Fresno County

    Motion: by plaintiff for summary adjudication of his Fifth Cause of Action Tentative Ruling:
    To deny.
    Explanation:
    The court overrules all objections by defendant but for those to the evidence of the offer under Code of Civil Procedure 998 and of its denials of certain requests for admission...

  • DOLORES SOLORIO TRUST OF 1999 V. ESTRADA

     |  Fresno County

    Motion: by Cross-Defendant Steven Hrdlicka to Strike (Anti-SLAPP)
    Cross-Complaint
    Tentative Ruling:
    To deny.
    Explanation:
    The two causes of action subject to this motion are: (1) violation of the FDCPA (Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.); and (2) violat...

  • THE VONS COS., INC. V. INT’L MARKET LLC

     |  Fresno County

    Motion: Writ of Attachment
    Tentative Ruling:
    To deny.
    Explanation:
    Plaintiff The Vons Companies, Inc. (“Vons”) seeks a writ of attachment as to all three defendants, International Market, LLC, Patrick Hinds and Kao Lee-Hinds, in relation to its claim for breach of a sublease of real pro...

  • HARVEY V. GENERAL MOTORS, LLC

     |  Fresno County

    In the event that oral argument is requested it will be held on
    Thursday, October 29, 2020 at 3:30 p.m. in Dept 501
    Motion: Demurrer to First Amended Complaint and Motion to strike
    Portions of the First Amended Complaint
    Tentative Ruling:
    To sustain the demurrer. (Code of Civ. Proc...

  • IN RE SEQUOIA COMPANIES, LLC

     |  Fresno County

    Motion: by non-party to reconsider 2015 minor’s compromise approval
    order issued in dismissed case
    Tentative Ruling:
    To deny.
    Explanation:
    Petitioner is a factoring company that seeks to purchase part of a structured settlement payment due to Zachary Herr, who suffered a traumatic ...

  • FARRINGTON V. ROHLEN

     |  Fresno County

    In the event that oral argument is requested it will be held on
    Thursday, October 29, 2020 at 3:30 p.m. in Dept 501
    Motion: by Defendant Fresno Community Hospital and Medical
    Center for Summary Judgment or, in the Alternative,
    Summary Adjudication
    Tentative Ruling:
    To grant de...

  • ROMERO V. THE WINE GROUP LLC

     |  Fresno County

    Motion: by defendant for summary judgment or, in the alternative, for
    summary adjudication
    Tentative Ruling:
    To deny the motion in all respects.
    Explanation:
    There is no opposition filed to this motion. That is not dispositive, however, as the moving party is still required to meet...

  • PRODUCERS DAIRY FOODS, INC. V. VAN MUYSEN

     |  Fresno County

    Motion: by Plaintiff for Summary Judgment or, in the
    Alternative, for Summary Adjudication
    Tentative Ruling:
    To grant plaintiff’s motion for summary judgment as to the entire First Amended Complaint. (Code Civ. Proc. § 437c.)
    Explanation:
    Plaintiff has met its burden of proving up ...

  • CRUZ V. ABDELAZIZ

     |  Fresno County

    Motion: by Defendant for Attorney Fees and Costs
    Tentative Ruling:
    To grant. To grant in the amount requested. (Code Civ. Proc. §425.16, subd. (c).) Plaintiff is ordered to pay $10,277.50 to the Yarra Law Group within 30 days of the clerk’s mailing of the minute order.
    Explanation:
    Gene...

  • PEREZ V. GIDEON

     |  Fresno County

    Petition: by plaintiff for approval of minor’s compromise
    Tentative Ruling:
    To deny, without prejudice to a future petition that cures the defects discussed below.
    Explanation:
    Counsel needs to provide a declaration which fully discusses all factors listed in California Rules of Court, ...

  • DELOSSANTOS V. ONE PUTT BROADCASTING

     |  Fresno County

    Motion: by Defendants for Summary Adjudication of Plaintiff’s First,
    Second, and Third Causes of Action
    Tentative Ruling:
    To deny defendants’ motion for summary adjudication in its entirety. (Code Civ. Proc. § 437c.)
    Explanation:
    Defendants move for summary adjudication of the firs...

  • SUN PACIFIC PRODUCTS, INC. V. RIVERBEND FOOD, LLC, ET AL.

     |  Fresno County

    Motion: Slack’s Demurrer to Second Amended Complaint
    Slack’s Motions to Strike Second Amended Complaint
    Tentative Ruling:
    To deny both motions to strike and overrule the demurrer to the Second Amended Complaint (“SAC”). Defendant Tom Slack shall file his Answer to the SAC within 10 days of s...

  • COVARRUBIA V. KINGS VIEW CORPORATION

     |  Fresno County

    Motions: Petitions to Compromise Minors’ Claims
    Tentative Ruling:
    To grant. Orders signed. Hearings off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopti...

  • JUDY RODRIGUES V. SAVE MART SUPERMARKETS

     |  Fresno County

    Motion: by Defendant Save Mart Supermarket for judgment on the
    pleadings re the Fourth Amended Complaint, causes of action four
    and six
    Tentative Ruling:
    To grant all Requests for Judicial Notice (Evid. Code § 450 et. seq.). To deny the motion for judgment on the pleadings.
    Explana...

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Recent Rulings by Hon. D. Tyler Tharpe

  • JOHNSON V. WATT

     |  Fresno County

    Motions (x2): Petitions to compromise claims of minors
    Tentative Ruling:
    To deny both petitions without prejudice. Petitioner must file amended petitions and obtain a new hearing date for consideration of the amended petitions. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.)
    Explanation...

  • PEREZ V. GIDEON

     |  Fresno County

    Motion: Petition to compromise minor's claim
    Tentative Ruling:
    To grant. Order signed. Hearing off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting th...

  • PERKINS V. EXCLUSIVE WIRELESS, INC.

     |  Fresno County

    Motion: by plaintiff for class certification and preliminary approval of class settlement
    Tentative Ruling:
    To continue the hearing to March 18, 2021, at 3:30 p.m. in Department 501. To order defendant to appear at the March 18 hearing and show cause, if there is any, why it should not be sanctio...

  • RICHARDSON V. JCT TRUCKING, ET AL.

     |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Proposed order signed. Hearing off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order ad...

  • PRUNEDA V. SELECT PORTFOLIO SERVICING, INC.

     |  Fresno County

    Motion: Defendant’s demurrer to the Complaint and motion to strike
    portions of the Complaint
    Tentative Ruling:
    To grant the request for the court to take judicial notice of the recorded documents. (Evid. Code § 452, subd. (h).)
    To sustain the special demurrer. (Code of Civ. Proc. § 430....

  • ITURRALDE V. O’CAIN

     |  Fresno County

    Motion: by Defendant Linda O’Cain to Set Aside Default
    Tentative Ruling:
    To grant defendant Linda O’Cain’s motion to set aside the default entered against her on March 12, 2020. (Code Civ. Proc. § 473, subd. (b).) Defendant shall file and serve her Answer to the Complaint within 15 days of the da...

  • OTTO V. FOSTER FARMS, LLC

     |  Fresno County

    Motion: by Defendants Foster Farms, LLC, and Foster Poultry Farms,
    Inc., for Demurrer and Motion to Strike Portions of First
    Amended Complaint (FAC)
    Tentative Ruling:
    To overrule the demurrer as to the sixth cause of action.
    To sustain the demurrer as to the tenth cause of action, ...

  • MARTIN V. STATE CENTER COMMUNITY COLLEGE DISTRICT

     |  Fresno County

    Motion: by Defendant State Center Community College District for
    Summary Judgment or, in the Alternative, Summary
    Adjudication
    Tentative Ruling:
    To deny defendant’s motion in all respects. (Code Civ. Proc. § 437c.)
    Explanation:
    First Cause of Action: Defendant State Center Com...

  • DE LA CRUZ V. ZAMORA

     |  Fresno County

    Motion: by Defendant Zamora for Terminating Sanctions
    Tentative Ruling:
    To grant defendant’s motion for terminating sanctions against plaintiff, as plaintiff has willfully refused to comply with this court’s order compelling him to respond to discovery. (Code Civ. Proc. §§ 2023.010, subd. (g); 20...

  • LANDAS V. LLANERA, ET AL.

     |  Fresno County

    Motion: Default Prove-up Hearing
    Tentative Ruling:
    To deny, unless plaintiff can establish compliance with Code of Civil Procedure section 763.020, subdivision (a).
    Explanation:
    Where publication is ordered, it is governed by Code of Civil Procedure section 415.50, and is subject to the...

  • MAXWELL V. FRESNO COUNTY SPORTSMEN’S CLUB

     |  Fresno County

    Motion: by plaintiff for summary adjudication of his Fifth Cause of Action Tentative Ruling:
    To deny.
    Explanation:
    The court overrules all objections by defendant but for those to the evidence of the offer under Code of Civil Procedure 998 and of its denials of certain requests for admission...

  • DOLORES SOLORIO TRUST OF 1999 V. ESTRADA

     |  Fresno County

    Motion: by Cross-Defendant Steven Hrdlicka to Strike (Anti-SLAPP)
    Cross-Complaint
    Tentative Ruling:
    To deny.
    Explanation:
    The two causes of action subject to this motion are: (1) violation of the FDCPA (Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.); and (2) violat...

  • THE VONS COS., INC. V. INT’L MARKET LLC

     |  Fresno County

    Motion: Writ of Attachment
    Tentative Ruling:
    To deny.
    Explanation:
    Plaintiff The Vons Companies, Inc. (“Vons”) seeks a writ of attachment as to all three defendants, International Market, LLC, Patrick Hinds and Kao Lee-Hinds, in relation to its claim for breach of a sublease of real pro...

  • HARVEY V. GENERAL MOTORS, LLC

     |  Fresno County

    In the event that oral argument is requested it will be held on
    Thursday, October 29, 2020 at 3:30 p.m. in Dept 501
    Motion: Demurrer to First Amended Complaint and Motion to strike
    Portions of the First Amended Complaint
    Tentative Ruling:
    To sustain the demurrer. (Code of Civ. Proc...

  • IN RE SEQUOIA COMPANIES, LLC

     |  Fresno County

    Motion: by non-party to reconsider 2015 minor’s compromise approval
    order issued in dismissed case
    Tentative Ruling:
    To deny.
    Explanation:
    Petitioner is a factoring company that seeks to purchase part of a structured settlement payment due to Zachary Herr, who suffered a traumatic ...

  • FARRINGTON V. ROHLEN

     |  Fresno County

    In the event that oral argument is requested it will be held on
    Thursday, October 29, 2020 at 3:30 p.m. in Dept 501
    Motion: by Defendant Fresno Community Hospital and Medical
    Center for Summary Judgment or, in the Alternative,
    Summary Adjudication
    Tentative Ruling:
    To grant de...

  • ROMERO V. THE WINE GROUP LLC

     |  Fresno County

    Motion: by defendant for summary judgment or, in the alternative, for
    summary adjudication
    Tentative Ruling:
    To deny the motion in all respects.
    Explanation:
    There is no opposition filed to this motion. That is not dispositive, however, as the moving party is still required to meet...

  • PRODUCERS DAIRY FOODS, INC. V. VAN MUYSEN

     |  Fresno County

    Motion: by Plaintiff for Summary Judgment or, in the
    Alternative, for Summary Adjudication
    Tentative Ruling:
    To grant plaintiff’s motion for summary judgment as to the entire First Amended Complaint. (Code Civ. Proc. § 437c.)
    Explanation:
    Plaintiff has met its burden of proving up ...

  • CRUZ V. ABDELAZIZ

     |  Fresno County

    Motion: by Defendant for Attorney Fees and Costs
    Tentative Ruling:
    To grant. To grant in the amount requested. (Code Civ. Proc. §425.16, subd. (c).) Plaintiff is ordered to pay $10,277.50 to the Yarra Law Group within 30 days of the clerk’s mailing of the minute order.
    Explanation:
    Gene...

  • PEREZ V. GIDEON

     |  Fresno County

    Petition: by plaintiff for approval of minor’s compromise
    Tentative Ruling:
    To deny, without prejudice to a future petition that cures the defects discussed below.
    Explanation:
    Counsel needs to provide a declaration which fully discusses all factors listed in California Rules of Court, ...

  • DELOSSANTOS V. ONE PUTT BROADCASTING

     |  Fresno County

    Motion: by Defendants for Summary Adjudication of Plaintiff’s First,
    Second, and Third Causes of Action
    Tentative Ruling:
    To deny defendants’ motion for summary adjudication in its entirety. (Code Civ. Proc. § 437c.)
    Explanation:
    Defendants move for summary adjudication of the firs...

  • SUN PACIFIC PRODUCTS, INC. V. RIVERBEND FOOD, LLC, ET AL.

     |  Fresno County

    Motion: Slack’s Demurrer to Second Amended Complaint
    Slack’s Motions to Strike Second Amended Complaint
    Tentative Ruling:
    To deny both motions to strike and overrule the demurrer to the Second Amended Complaint (“SAC”). Defendant Tom Slack shall file his Answer to the SAC within 10 days of s...

  • COVARRUBIA V. KINGS VIEW CORPORATION

     |  Fresno County

    Motions: Petitions to Compromise Minors’ Claims
    Tentative Ruling:
    To grant. Orders signed. Hearings off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopti...

  • JUDY RODRIGUES V. SAVE MART SUPERMARKETS

     |  Fresno County

    Motion: by Defendant Save Mart Supermarket for judgment on the
    pleadings re the Fourth Amended Complaint, causes of action four
    and six
    Tentative Ruling:
    To grant all Requests for Judicial Notice (Evid. Code § 450 et. seq.). To deny the motion for judgment on the pleadings.
    Explana...

  • See More Results

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