The Honorable David C. Mathias

Tulare County Superior Court, Department 2

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Biography

The Hon. David C. Mathias is a judge for the Tulare County Superior Court in California. He was appointed to the bench by former Governor Arnold Schwarzenegger in 2010. He filled the vacancy created by the retirement of the Hon. Stephen Drew (Ret.).

He is a registered Republican.

Judge Mathias graduated with his B.A. economics from Occidental College. He went on to earn his J.D. from the University of the Pacific, McGeorge School of Law in 1994.

Mathias practiced at Hurlbutt, Clevenger, Long, Vortmann, and Rauber from 1997 until 2001 when he then entered into solo practice. He remained in that capacity until his appointment to the Superior Court nine years later. During his time in private practice, Mathias specialized in real estate and business transactions.

While on the bench, Judge Mathias has served as an Assistant Presiding Judge of the Court.

Judge Mathias was born in Tulare. He is the nephew of the late Robert Bruce Mathias, a two-time Olympic decathlon gold medalist.

Recent Rulings by Hon. David C. Mathias

  • CHAN V. COUNTY OF TULARE

    Apr 25, 2019 |  Tulare County

    Motion: Ex-Parte Application to Stay Action Pending Determination of Writ Petition.
    Tentative Ruling: The ex-parte application to stay action pending determination of writ petition is granted. This ruling is conditioned upon the actual filing of the writ petition by Defendants. Per Court policy, the C...

  • IN THE MATTER OF CIRCLE ORCHARD LLC

    Apr 25, 2019 |  Tulare County

    Motion: Petition for Approval of Structured Settlement Payments
    Tentative Ruling: To deny the Petition for Approval of Circle Orchard LLC (payee Jerry Fino, Jr.) of Structured Settlement Payments
    Under Insurance Code section 10139.5, the petition is procedurally deficient and the requested transf...

  • ANDRADE V. CALFTECH CORPORATION

    Apr 25, 2019 |  Tulare County

    Motion: Intervenor Plaintiff’s Motion for Preliminary Approval of Class Action Settlement
    Tentative Ruling: Intervenor Plaintiff Fernando Aguirre’s Motion for Preliminary Approval of Class Action Settlement
    Proof of service in the file indicates notice of the motion was adequate. No response to t...

  • CLARK V. MCCOWAN

    Apr 25, 2019 |  Tulare County

    Motion: Motion to Set Aside Default
    Tentative Ruling: To grant cross-defendant Bob’s Petro Products, Inc.’s motion to set aside the default of its assignor Bill B. Long. Bob’s Petro Products shall file its answer to Richard Joe McCowan and Miranda Anderson’s cross-complaint within ten days from the no...

  • SHETTY V. THE BANK OF NEW YORK MELLON

    Apr 25, 2019 |  Tulare County

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

  • COLLINS ELECTRICAL COMPANY, INC. V. PRO WEST PCM, INC. ET AL.

    Apr 18, 2019 |  Tulare County

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

  • COVARRUBIAS V. WESTERN MILLING, INC.

    Apr 18, 2019 |  Tulare County

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

  • SETH V. IN THE LIGHT UMS, INC.

    Apr 18, 2019 |  Tulare County

    The facts and allegations identified in Requests for Admissions 1 through 15 of defendant In the Light Urns, Inc.’s first set of requests for admissions to plaintiff Elyssa Seth shall be deemed admitted.
    The Court further orders that plaintiff Elyssa Seth shall pay monetary sanctions to defendants’ co...

  • CITIBANK N.A. V. AVALOS

    Apr 18, 2019 |  Tulare County

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

  • SOTOMAYOR V. CASTANOS HYBRID HOMES

    Apr 18, 2019 |  Tulare County

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

  • SETH V. IN THE LIGHT UMS, INC.

    Apr 11, 2019 |  Tulare County

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

  • BENITEZ V. LINDSAY GARDENS, ET AL.

    Apr 11, 2019 |  Tulare County

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

  • BEER V. HILLS

    Apr 11, 2019 |  Tulare County

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

  • GONSALVES V. FCA US LLC

    Apr 04, 2019 |  Tulare County

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

  • CHAN V. COUNTY OF TULARE

    Mar 28, 2019 |  Tulare County

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

  • CACH, LLC V. CHAMPION

    Mar 28, 2019 |  Tulare County

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

  • CENTRAL VALLEY AG EXPORTS, INC. V. YORK CANADIAN GRAIN TRADING, INC.

    Mar 28, 2019 |  Tulare County

    Motion: Motion to be Relieved as Counsel - Civil
    Tentative Ruling: To deny the motion of attorneys David D. Schneider and Mark A. Waller of Dowling Aaron, Incorporated to be relieved as counsel –civil for defendant and cross-complainant York Canadian Grain Trading, Inc. and defendant Nazih Fahs withou...

  • SOND V. REYNOSO

    Mar 28, 2019 |  Tulare County

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

  • OLIVER V. PACIFIC REAL ESTATE HOLDINGS, INC.

    Mar 28, 2019 |  Tulare County

    Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds
    Tentative Ruling: To deny the Motion by Defendant Rune Kraft for Release of Deposited funds, without prejudice.
    The Court incorporates by reference and adopts its prior rulings on this issue.
    If no one requests oral argume...

  • BOOKER V. CENTEX HOMES

    Mar 21, 2019 |  Tulare County

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

  • MALONEY V. TULARE COUNTY EMPLOYEES RETIREMENT ASSOCIATION

    Mar 21, 2019 |  Tulare County

    Motion: Petitioner’s Motion for Reconsideration
    Tentative Ruling: To Deny Petitioner’s Motion for Reconsideration
    Petitioner sought writ relief from summary dismissal of his October 13, 2017 application for disability retirement benefits. The court issued a tentative ruling on January 23, 2019. T...

  • IN RE: 655 NORTH BRUNDAGE, FARMERSVILLE, CA

    Mar 21, 2019 |  Tulare County

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

  • RAMOS V. DAIRY AVENUE LLC

    Mar 21, 2019 |  Tulare County

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

  • CITY OF EXETER V. AYAN

    Mar 21, 2019 |  Tulare County

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

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Recent Rulings by Hon. David C. Mathias

  • CHAN V. COUNTY OF TULARE

    Apr 25, 2019 |  Tulare County

    Motion: Ex-Parte Application to Stay Action Pending Determination of Writ Petition.
    Tentative Ruling: The ex-parte application to stay action pending determination of writ petition is granted. This ruling is conditioned upon the actual filing of the writ petition by Defendants. Per Court policy, the C...

  • IN THE MATTER OF CIRCLE ORCHARD LLC

    Apr 25, 2019 |  Tulare County

    Motion: Petition for Approval of Structured Settlement Payments
    Tentative Ruling: To deny the Petition for Approval of Circle Orchard LLC (payee Jerry Fino, Jr.) of Structured Settlement Payments
    Under Insurance Code section 10139.5, the petition is procedurally deficient and the requested transf...

  • ANDRADE V. CALFTECH CORPORATION

    Apr 25, 2019 |  Tulare County

    Motion: Intervenor Plaintiff’s Motion for Preliminary Approval of Class Action Settlement
    Tentative Ruling: Intervenor Plaintiff Fernando Aguirre’s Motion for Preliminary Approval of Class Action Settlement
    Proof of service in the file indicates notice of the motion was adequate. No response to t...

  • CLARK V. MCCOWAN

    Apr 25, 2019 |  Tulare County

    Motion: Motion to Set Aside Default
    Tentative Ruling: To grant cross-defendant Bob’s Petro Products, Inc.’s motion to set aside the default of its assignor Bill B. Long. Bob’s Petro Products shall file its answer to Richard Joe McCowan and Miranda Anderson’s cross-complaint within ten days from the no...

  • SHETTY V. THE BANK OF NEW YORK MELLON

    Apr 25, 2019 |  Tulare County

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

  • COLLINS ELECTRICAL COMPANY, INC. V. PRO WEST PCM, INC. ET AL.

    Apr 18, 2019 |  Tulare County

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

  • COVARRUBIAS V. WESTERN MILLING, INC.

    Apr 18, 2019 |  Tulare County

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

  • SETH V. IN THE LIGHT UMS, INC.

    Apr 18, 2019 |  Tulare County

    The facts and allegations identified in Requests for Admissions 1 through 15 of defendant In the Light Urns, Inc.’s first set of requests for admissions to plaintiff Elyssa Seth shall be deemed admitted.
    The Court further orders that plaintiff Elyssa Seth shall pay monetary sanctions to defendants’ co...

  • CITIBANK N.A. V. AVALOS

    Apr 18, 2019 |  Tulare County

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

  • SOTOMAYOR V. CASTANOS HYBRID HOMES

    Apr 18, 2019 |  Tulare County

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

  • SETH V. IN THE LIGHT UMS, INC.

    Apr 11, 2019 |  Tulare County

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

  • BENITEZ V. LINDSAY GARDENS, ET AL.

    Apr 11, 2019 |  Tulare County

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

  • BEER V. HILLS

    Apr 11, 2019 |  Tulare County

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

  • GONSALVES V. FCA US LLC

    Apr 04, 2019 |  Tulare County

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

  • CHAN V. COUNTY OF TULARE

    Mar 28, 2019 |  Tulare County

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

  • CACH, LLC V. CHAMPION

    Mar 28, 2019 |  Tulare County

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

  • CENTRAL VALLEY AG EXPORTS, INC. V. YORK CANADIAN GRAIN TRADING, INC.

    Mar 28, 2019 |  Tulare County

    Motion: Motion to be Relieved as Counsel - Civil
    Tentative Ruling: To deny the motion of attorneys David D. Schneider and Mark A. Waller of Dowling Aaron, Incorporated to be relieved as counsel –civil for defendant and cross-complainant York Canadian Grain Trading, Inc. and defendant Nazih Fahs withou...

  • SOND V. REYNOSO

    Mar 28, 2019 |  Tulare County

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

  • OLIVER V. PACIFIC REAL ESTATE HOLDINGS, INC.

    Mar 28, 2019 |  Tulare County

    Motion: Motion by Defendant Rune Kraft for Release of Deposited Funds
    Tentative Ruling: To deny the Motion by Defendant Rune Kraft for Release of Deposited funds, without prejudice.
    The Court incorporates by reference and adopts its prior rulings on this issue.
    If no one requests oral argume...

  • BOOKER V. CENTEX HOMES

    Mar 21, 2019 |  Tulare County

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

  • MALONEY V. TULARE COUNTY EMPLOYEES RETIREMENT ASSOCIATION

    Mar 21, 2019 |  Tulare County

    Motion: Petitioner’s Motion for Reconsideration
    Tentative Ruling: To Deny Petitioner’s Motion for Reconsideration
    Petitioner sought writ relief from summary dismissal of his October 13, 2017 application for disability retirement benefits. The court issued a tentative ruling on January 23, 2019. T...

  • IN RE: 655 NORTH BRUNDAGE, FARMERSVILLE, CA

    Mar 21, 2019 |  Tulare County

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

  • RAMOS V. DAIRY AVENUE LLC

    Mar 21, 2019 |  Tulare County

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

  • CITY OF EXETER V. AYAN

    Mar 21, 2019 |  Tulare County

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

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