RAMSEY V. COUNTY OF TULARE, ET AL
Motion: Defendants’ Demurrer to Second Amended Complaint Tentative Ruling: To sustain the demurrer of defendants County of Tulare, et al.’s demurrer to second amended complaint with twenty days’ leave to amend. The court notes from a review of its file that proper notice was given to all parties. There has been no response to this demurrer. P...
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Hearing
May 07, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
JT2, INC. V. COUNTY OF TULARE, ET AL.
Motion: Demurrer by Defendants County of Tulare, Tulare County Resource Management Agency, Reed Schenke, John Hess, Hernan Beltran Herrera, and Grey Tompkins to Plaintiff’s Complaint Tentative Ruling: To Sustain Defendants’ demurrer to Plaintiff’s Complaint as to the 11th, 12th, 13th, and 14th Causes of Action, without leave to amend. To sustain ...
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Hearing
May 07, 2019
- Judge Bret Hillman
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County
Tulare County, CA
GOMEZ V. GARCIA
Motion: Motion to Enforce Written Settlement and for Attorney’s Fees (CCP §664.6) Tentative Ruling: To grant plaintiff’s motion to enforce written settlement as itemized below in this ruling. Plaintiff shall be awarded attorney fees under Civil Code §1717 in the amount of $1,590.00. This is an action for breach of contract and partition that ar...
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Hearing
Apr 30, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
RODRIGUEZ V. RODRIGUEZ
Motion: Plaintiff’s Motion for Leave to File his Second Amended Complaint Tentative Ruling: To grant plaintiff’s motion for leave to file his first amended complaint. Plaintiff shall file his first amended complaint within five days from the notice of this ruling. All parties were given proper notice of this motion. There has been no response t...
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Hearing
Apr 30, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
RENFRO V. PIXLEY MEDICAL CLINIC
Motions: (1) General Demurrer to All Causes of Action to Plaintiff’s First Amended Complaint; (2) Motion to Strike Improper Prayer and Punitive Damages and “Retraining” from Plaintiff’s First Amended Complaint Defendants’ demurrer is sustained without leave to amend as to plaintiff Christopher Renfro’s res ipsa loquitor, breach of contract, inten...
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Hearing
Apr 30, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
HERNANDEZ V. METROCOM
Motion: Demurrer to Plaintiff’s First Amended Complaint Tentative Ruling: Defendant Metrocom, Inc.’s demurrer to plaintiff’s first amended complaint (FAC) is overruled. Defendant Metrocom, Inc. shall have thirty days’ leave to answer the plaintiff’s FAC. Item #2 of defendant’s request for judicial notice is denied under California Rule of Court...
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Hearing
Apr 30, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
ARAX V. DVP, L.P., ET AL.
Motion: Defendant Nick Pritchett’s Demurrer to First Amended Complaint of Plaintiff Mane Arax Tentative Ruling: To sustain Defendant Nick Pritchett’s Demurrer to First Amended Complaint of Plaintiff Mane Arax without leave to amend. If oral argument is requested, the hearing on this motion is continued to Tuesday, April 30, 2019, at 9:00 a.m. i...
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Hearing
Apr 29, 2019
- Judge Melinda Reed
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County
Tulare County, CA
PHELPS V. LIFE INSURANCE COMPANY OF NORTH AMERICA
Motion: Defendant Life Insurance Company of North America’s Motion to Compel Arbitration and to Stay Plaintiff’s Action Pending the Outcome of Arbitration Tentative Ruling: There is no tentative ruling. The hearing on this motion is continued to Tuesday, April 30, 2019, at 9:00. The court suggests the parties consider agreeing to stay this action...
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Hearing
Apr 29, 2019
- Judge Melinda Reed
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County
Tulare County, CA
GUARDIANSHIP OF CHRISTOPHER SELIX AND ALEXIA MARIE SELIX
Motion: Objector’s Motion to Quash, Modify. Or Limit Petitioners’ Subpoena for Records Issued to Cardboard Box Company & Mountain View Dairy Tentative Ruling: To grant Objector’s motion to quash, modify. or limit petitioners’ subpoena for records issued to Cardboard Box Company & Mountain View Dairy Motion to Quash Subpoena This is a guardian...
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Hearing
Apr 29, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
CHAN V. COUNTY OF TULARE
Motion: Ex-Parte Application to Stay Action Pending Determination of Writ Petition. Tentative Ruling: The ex-parte application to stay action pending determination of writ petition is granted. This ruling is conditioned upon the actual filing of the writ petition by Defendants. Per Court policy, the Court does not issue tentative rulings on motio...
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Hearing
Apr 25, 2019
- Judge David C. Mathias
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County
Tulare County, CA
IN THE MATTER OF CIRCLE ORCHARD LLC
Motion: Petition for Approval of Structured Settlement Payments Tentative Ruling: To deny the Petition for Approval of Circle Orchard LLC (payee Jerry Fino, Jr.) of Structured Settlement Payments Under Insurance Code section 10139.5, the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests ...
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Hearing
Apr 25, 2019
- Judge David C. Mathias
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County
Tulare County, CA
ANDRADE V. CALFTECH CORPORATION
Motion: Intervenor Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: Intervenor Plaintiff Fernando Aguirre’s Motion for Preliminary Approval of Class Action Settlement Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff-Intervenor ...
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Hearing
Apr 25, 2019
- Judge David C. Mathias
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County
Tulare County, CA
CLARK V. MCCOWAN
Motion: Motion to Set Aside Default Tentative Ruling: To grant cross-defendant Bob’s Petro Products, Inc.’s motion to set aside the default of its assignor Bill B. Long. Bob’s Petro Products shall file its answer to Richard Joe McCowan and Miranda Anderson’s cross-complaint within ten days from the notice of this ruling. Cross-defendant Bob’s P...
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Hearing
Apr 25, 2019
- Judge David C. Mathias
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County
Tulare County, CA
SHETTY V. THE BANK OF NEW YORK MELLON
Motion: Defendant Bank of New York Mellon et al.’s Motion for Judgment on the pleadings Tentative Ruling: To Deny Defendant’s Bank of New York Mellon, et al’s Motion for Judgment on the Pleadings. Plaintiff’s objections to the declaration of Robert P. Zahradka are sustained. Plaintiff’s objections to defendant’s Request for Judicial Notice in...
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Hearing
Apr 25, 2019
- Judge David C. Mathias
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County
Tulare County, CA
PALM TERRACE, LP V. TORRES
Motion: Motion to Vacate Judgment Tentative Ruling: To deny defendant Amanda Torres’ motion to vacate judgment Defendant Torres’ motion to vacate judgment is procedurally and substantively deficient. Procedurally, California Rule of Court 3.1113 requires that the moving party to a law and motion matter must submit with the moving papers a mem...
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Hearing
Apr 24, 2019
- Judge Stephen Drew
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County
Tulare County, CA
LOPEZ V. KLX, INC.
Motion: Unopposed Motion for Class Certification Tentative Ruling: To grant plaintiff David Contreras Lopez’s (as representative for plaintiffs and the putative class) unopposed motion for class certification. A review of the Court’s file indicates that all necessary parties have been given timely and proper notice as to this motion. There has ...
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Hearing
Apr 23, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
RESA V. CENTEX HOMES
Motion: Motion for Determination of Good Faith Settlement of Cross-Defendant California Mantel and Fireplace, Inc.; Tentative Ruling: To grant cross-defendant California Mantel and Fireplace, Inc.’s motion for determination of good faith settlement A review of the Court’s file indicates that all necessary parties have been given timely and prop...
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Hearing
Apr 23, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
HERNANDEZ V. VISALIA POLICE DEPARTMENT
Motion: Motion for Reconsideration Pursuant to CCP 473 Tentative Ruling: To grant plaintiff’s motion for reconsideration of the waiver of a jury trial. Plaintiff shall deposit the applicable jury fees with the Court within ten days from the notice of this ruling. Plaintiff’s Request for Judicial Notice is granted under Evidence Code §452(d) P...
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Hearing
Apr 23, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
RESA V. CENTEX HOMES
Motion: Cross-Defendant Fresno Precision Plastics, Inc. Motion for Determination of Good Faith Settlement Tentative Ruling: To grant the motion of cross-defendant Fresno Precision Plastics, Inc. (“FPPI”) motion for determination of good faith settlement A review of the Court’s file indicates that all necessary parties have been given timely and...
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Hearing
Apr 23, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
IMPAX AUTOMATION, LLC V. VISALIA DAIRY COMPANY
Motion: Motion for Entry of Judgment Pursuant to CCP §664.6 Tentative Ruling: To grant plaintiff Impax Automation, LLC’s motion for entry of judgment under CCP §664.6 in the amount of $220,000.00 against Visalia Dairy Company and defendants Mark D. Acevedo, and Leonard Vandenberg. $50,000 of this judgment shall be paid by defendants Vandenberg ...
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Hearing
Apr 23, 2019
- Judge Bret D. Hillman
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County
Tulare County, CA
TELLEZ V. HARVEST CONTAINER CO, INC.
Motion: Defendant Harvest Container Company, Inc.’s Motion for Judgment on the Pleadings, or, Alternatively, Motion to Strike Tentative Ruling: To deny Defendant Harvest Container Company, Inc.’s Motion for Judgment on the Pleadings, or, Alternatively, Motion to Strike. Defendant Harvest Container Co. Inc.’s belated motion for judgment on the p...
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Hearing
Apr 22, 2019
- Judge Melinda Reed
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County
Tulare County, CA
ARAX V. DVP, LP., ET AL.
Motions: Defendant Nick Pritchett’s Motions for Orders (1) that Matters in Requests for Admissions be Deemed Admitted and Imposing Monetary Sanctions; (2) Compelling Response to Special Interrogatories and for Monetary Sanction; (3) Compelling Response to Request for Production of Documents and Production Thereof and for Monetary Sanction; (4) Comp...
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Hearing
Apr 22, 2019
- Judge Melinda Reed
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County
Tulare County, CA
PICAR FARM LABOR, INC. V. APPLIED UNDERWRITERS, INC., ET AL.
Motion: Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc.’s Demurrer to Plaintiff’s Amended Complaint Tentative Ruling: To overrule Defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Californ...
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Hearing
Apr 22, 2019
- Judge Melinda Reed
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County
Tulare County, CA
COLLINS ELECTRICAL COMPANY, INC. V. PRO WEST PCM, INC. ET AL.
Motion: Motion by Defendant Pro West PCM, Inc. to Compel Arbitration and for Stay of Proceedings Tentative Ruling: To Grant the Motion by Defendant Pro West PCM, Inc. to Compel Arbitration and to Grant the request for stay of this action pending the conclusion of arbitration proceedings. Moving Defendant and Plaintiff are parties to a sub-contr...
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Hearing
Apr 18, 2019
- Judge David Mathias
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County
Tulare County, CA
COVARRUBIAS V. WESTERN MILLING, INC.
Motion: Unopposed Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To grant plaintiff’s motion for preliminary approval of class action as described herein. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff’s class action seeks recovery fro...
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Hearing
Apr 18, 2019
- Judge David C. Mathias
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County
Tulare County, CA
