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2022.10.13 Demurrer, Motion for Monetary and Terminating Sanctions 910
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.13
Excerpt: ...le their second amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. To deny the motion for terminating sanctions, but to grant the motion for monetary sanctions and impose monetary sanctions against plaintiffs and their attorney of record, Ilan N. Rosen Janfaza, jointly and severally, in the amount of $3,458.14, payable no later than thirty (30) days from the date of service of th...
2022.10.12 Motion to Compel Arbitration and Stay Action 012
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.12
Excerpt: ....2 states, in relevant part: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waiv...
2022.10.12 Motion to Appoint Arbitrator 462
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.12
Excerpt: ...court to select five nominees from the lists of arbitrators submitted by the parties, then have the parties jointly choose an arbitrator. (Code Civ. Proc., § 1281.6.) The court selects the following nominees: • Hon. Donald S. Black (ret.) • Hon. Joseph R. Brisco (ret.) • Hon. Craig S. Kamansky (ret.) • Hon. Alan Simpson (ret.) • Russell D. Cook, Esq. The parties may either choose an arbitrator from the list above, or jointly select an ...
2022.10.12 Demurrer, Motion to Strike 231
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.12
Excerpt: ...laintiffs shall serve and file their first amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface type. To grant the motion to strike and strike the phrase “without limitation” from the complaint at pages: 3:7, 4:24, 5:1, 5:9, 5:11, 5:14, 5:20, 5:28, 6:11, 6:21, 6:24, 6:25‐ 7:1, 7:3, 7:10, 7:11, 7:13‐14, 7:16, 7:22, 7:26, 8:1, 8:7, 8:10, 8:11, 11:9, 12:20 ‐21, 12:25, 13:3, 1...
2022.10.12 Demurrer to SAC 841
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.12
Excerpt: ...set in boldface type. Oral argument for this matter is set on November 2, 2022, at 3:30 p.m. in Department 503. Plaintiff may appear through CourtCall. Explanation: “‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, r...
2022.10.11 Motion to Quash Subpoena Duces Tecum 143
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.11
Excerpt: ...ns, pre‐ employment physical records, questionnaires, job descriptions, job duties, job applications, termination notices, exit interview records, disability payments, disability claims, disciplinary notices, leave of absence records, attendance records, hours worked, time cards, supervisor review notes, work related injury records, workers compensation claims, insurance benefits, and all other records for all dates pertaining to: DR. TIRATH GI...
2022.10.11 Motion to Compel Compliance with Subpoena 008
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.11
Excerpt: ...1, 2022. Explanation: Plaintiff in this action asserts various causes of action alleging sex abuse as a minor committed by teacher and defendant Stacey Aprile, employed by defendant Clovis Unified School District. Based on plaintiff's allegations of sexual assault, CCTC conducted an investigation into plaintiff's allegations against Aprile. On March 1, 2022, plaintiff served CCTC with a subpoena seeking production of documents generated in or rel...
2022.10.11 Motion for Judgment on the Pleadings 941
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.11
Excerpt: ..., with leave to amend. Plaintiff shall serve and file an amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface type. Explanation: A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) As in demurrers,...
2022.10.06 Motion to Consolidate Actions 212
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.06
Excerpt: ...219 Cal.App.4th 367.) Explanation: Plaintiff Maria Angel (“plaintiff”) requests that the unlawful detainer action, Case No. 22CECL03151, be consolidated with the unlimited civil action, Case No. 22CECG02212, since the unlawful detainer action would otherwise proceed to trial more quickly, before plaintiff's claim to own title to the property could be decided, and she could be evicted from her own property. Under Code of Civil Procedure, secti...
2022.10.06 Motion for Summary Judgment, Adjudication 421
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.06
Excerpt: ...Defendant contends that claims under Labor Code section 1102.5 are governed by a one‐year statute of limitations, since they are claims under a statute that provides for a civil penalty. (Code Civ. Proc., § 340, subd. (a).) Defendant notes that Labor Code section 1102.5, subdivision (f), provides for a mandatory civil penalty of no more than $10,000 for each violation. Thus, defendant concludes that, since plaintiff did not file his action wit...
2022.10.06 Motion for Summary Judgment, Adjudication 199
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.06
Excerpt: ...ommercial real estate for plaintiff to operate an auto repair business, with the oral agreement being that, even though title would be taken in the Morenos' name, plaintiff would make the payments on the property (mortgage, insurance, taxes, and maintenance), and the Morenos would just “hold title” in their name. This alleged agreement has spawned two legal actions and years of litigation, with this action commenced in 2016. At one point, the...
2022.10.05 Demurrer, Motion to Strike 352
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.05
Excerpt: ...the complaint within 10 days of service of this order. Explanation: These motions arise out of a complaint filed November 10, 2021 for (1) breach of written contract; (2) breach of the implied covenant of good faith and fair dealing; (3) unjust enrichment; (4) violation of Business and Profession Code section 17200 et seq.; (5) declaratory relief, with request for temporary, preliminary, and permanent injunctive relief; and (6) money had and rece...
2022.10.04 Motion for Entry of Judgment Pursuant to Terms of Stipulated Judgment 812
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.04
Excerpt: ...court … for settlement of the case … , the court, upon motion, may enter judgment pursuant to the terms of the settlement.” Here, the parties entered into a written settlement agreement, including a stipulation for entry of judgment in the event defendant failed to pay the amounts he agreed to pay under the settlement agreement, and then failed to cure his default. It does not appear to be disputed that, although defendant made several paym...
2022.09.29 Motion to Compel Deposition 511
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.29
Excerpt: ...ed person(s) who have not timely served an objection pursuant to Code of Civil Procedure section 2025.410 or otherwise obtained the consent of all interested parties agreeing to the non‐appearance of the party or person(s) at the deposition as noticed or subpoenaed, and motions to compel initial responses to interrogatories, requests for production and requests for admissions, no motion under sections 2016.010 through 2036.050, inclusive, of th...
2022.09.29 Motion for Terminating Sanctions 141
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.29
Excerpt: ...and dismiss the action against defendants. (Code Civ. Proc., §§ 2023.010, subd. (g); 2030.030, subd. (d).) Defendants shall submit a proposed judgment consistent with the court's order within 10 days of service of the minute order. Explanation: Code of Civil Procedure section 2023.010, subdivision (g) makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” but sanctions are only authorized to the ext...
2022.09.29 Motion for Order of Possession 971
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.29
Excerpt: ...il Procedure section 1255.010 [the probable amount of compensation to be awarded to defendants], plaintiff has failed to provide notice of its motion to all the requisite parties. Notice Requirement A motion for prejudgment possession must be served on the “record owner of the property and on the occupants, if any.” (Code Civ. Proc., § 1255.410, subd. (b).) “‘[R]ecord owner' means the owner of the legal or equitable title to the fee or a...
2022.09.28 Motion to Compel Arbitration and Stay Arbitration Proceedings 852
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.28
Excerpt: ...t a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc., § 1281.2, subd. (c), emphasis added.) Petitioner brings this motion to enforce the arbitration provision of the subcontractor agreement between itself and respondent JT2, Inc. The agreement states in pertinent part...
2022.09.28 Motion for Preliminary Approval of Class Action Settlement 531
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.28
Excerpt: ...grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 93‐95.) “Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of in...
2022.09.28 Demurrer, Motion to Strike 482
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.28
Excerpt: ...e to amend. Plaintiff is granted 20 days, running from the date of service of the minute order by the clerk, to file and serve a second amended complaint. Explanation: On December 16, 2021, this court sustained defendant's demurrer to plaintiff's original complaint, with leave to amend, except that leave to amend was not granted to state a petition for a writ of mandate. The court found that, among other things, the original complaint failed to s...
2022.09.27 Motion for Summary Judgment, Adjudication 129
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.27
Excerpt: ...s, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. A summary judgment motion...
2022.09.22 Motion for Relief from Waiver of Objections 422
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.22
Excerpt: ...Set One Tentative Ruling: To grant defendant Central California Ear Nose & Throat Medical Group's (“CCENT”) motion for relief from waiver of objections. (Code Civ. Proc., §§ 2030.290, subd. (a)(1); 2031.300, subd. (a)(1).) To take plaintiff's motions to compel off calendar due to failure to comply with Local Rule 2.1.17 or the meet and confer requirements of Code of Civil Procedure sections 2016.040, 2030.300, subdivision (b)(1), and 2031.3...
2022.09.21 Motion to Quash Subpoena for Production of Docs, or for Protective Order 421
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.21
Excerpt: ...st plaintiff and his counsel in the amount of $1,035. (Code Civ. Proc., § 1987.2.) Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 1987.1, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the ta...
2022.09.20 Motion for Trial Preference 861
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.20
Excerpt: ...n the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disabili...
2022.09.14 Motion for Relief from Waiver of Objections 301
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.14
Excerpt: ...est for Production of Documents, Set Two, 15 days late. As a result, all objections were waived. (Code Civ. Proc., § 2031.300, subd. (a).) Relief from waiver of objections may be granted where both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party's failure to serve a timely response was th...
2022.09.08 Motion to Strike Complaint 491
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.08
Excerpt: ...complaint under Code of Civil Procedure section 425.16, contending that the complaint is a strategic lawsuit against public participation (“SLAPP”), and thus subject to being stricken unless plaintiff can show by admissible evidence that he has a probability of prevailing on the merits of his claims. Under Code of Civil Procedure section 425.16, “[a] cause of action against a person arising from any act of that person in furtherance of the ...
2022.09.07 Motion to Compel Depositions or Strike Declarations 501
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.07
Excerpt: ...n. The court will reconsider the sanctions request if necessary in connection with the motion for class certification. To deny the motion to compel compliance with the order regarding request for production of documents and to impose $6,027 in monetary sanctions against plaintiff's counsel, the Parris Law Firm and the Downey Law Firm. Explanation: Motion to Compel Depositions Plaintiff moves to compel depositions of defendant Sun‐Maid employees...
2022.09.01 Special Motion to Strike 710
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.01
Excerpt: ... court's order. Explanation: A special motion to strike provides a procedural remedy to dismiss nonmeritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute...
2022.09.01 Motion for Leave to File Amended Answer 392
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.01
Excerpt: ...may be proper, allow a party to amend any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) The policy favoring amendment is so strong that it is a r...
2022.09.01 Motion to Set Aside Default, Judgment 032
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.01
Excerpt: ...y seeks relief from entry of default on March 9, 2021. Code of Civil Procedure section 473, subdivision (b) provides, in pertinent part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of ...
2022.08.31 Motion to Strike 912
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.31
Excerpt: ...re considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Civil Code section 3294, subdivision (a) provides: In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example a...
2022.08.24 Motion to Compel Compliance with Responses to Inspection Demands 249
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.24
Excerpt: ...f service of this order. Explanation: First, to the extent that plaintiffs contend that defendants' motion is procedurally defective because defendants did not file a separate statement or meet and confer on all of the document requests before bringing their motion, the objection is without merit. A motion to compel compliance with a promise to produce documents does not require prior meet and confer efforts, nor does the moving party have to fil...
2022.08.18 Motion to Enforce Settlement 720
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.18
Excerpt: ...ecl., filed July 27, 2022, Ex. 1, and Cervantes Decl., filed June 30, 2022, Ex. 4.) If defendant fails to timely sign the Quitclaim Deed, the court clerk is directed to sign the Quitclaim Deed as elisor. The Quitclaim Deed shall be attached to the revised proposed order as described below. Defendant is to pay $4,432.50 in attorney fees to Webb Law Group, APC within 30 days of the date of service of this order. Plaintiffs are to submit, within 10 ...
2022.08.17 Motion for Preliminary Injunction 582
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.17
Excerpt: ...rreparable injury to another party; (3) The defendant's acts would render final judgment ineffectual; (4) Money damages would not afford adequate relief; or (5) The amount of money damages needed to afford adequate relief is extremely difficult to determine. (See Code Civ. Proc., § 526, subd. (a)(1)‐(5).) The trial court evaluates two interrelated factors when deciding whether to issue a preliminary injunction. The first is the likelihood that...
2022.08.16 Motion for Leave to File TAC 282
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.16
Excerpt: ...v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596; Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) California Rules of Court, rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located;...
2022.08.11 Motion to Substitute Personal Representative In Place of Deceased Plaintiff 629
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.11
Excerpt: ...nced in the declarations. The errata and death certificate shall be filed no later than August 25, 2022. Explanation: “Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) Also, “[a] pending action or proceeding does not abate by the death of a party if the cause of a...
2022.08.04 Motion for Leave to File SAC 932
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.04
Excerpt: ...f the minute order. New allegations/language must be set in boldface type. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of acti...
2022.08.04 Motion for Judgment on the Pleadings 912
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.04
Excerpt: ...not filed. California Rules of Court, rule 3.1300(c) requires that the proof of service to be filed no later than five (5) court days before the hearing. In addition, the proof of service also shows untimely service. Service of the motion must be made at least 16 court days before the hearing, plus additional calendar days, depending on the type of service made. (Code Civ. Proc., § 1005, subd. (b).) Here, since service was made by mail to a Cali...
2022.08.02 Motion for Sanctions 972
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.08.02
Excerpt: ..., whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause u...
2022.07.28 Application for Default Judgment 722
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.28
Excerpt: ...lso been defaulted after his answer was stricken due to his repeated refusal to comply with court orders requiring him to appear for his deposition. Therefore, both defendants are now deemed to have admitted the allegations of the complaint, including the allegations that they made false and defamatory statements to third parties accusing plaintiff of being a child molester. As a result, they are subject to having a default judgment entered again...
2022.07.28 Motion to Set Aside Default 909
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.28
Excerpt: ...o statutory grounds: Code of Civil Procedure section 473, subdivision (b) and Code of Civil Procedure section 473.5. Code of Civil Procedure section 473, subdivision (b) On application, the court may, on any terms as may be just, relieve a party from a default taken against it due to mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) Setting aside the default is within the sound discretion of the trial co...
2022.07.28 Motion for Leave to File SAC 932
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.28
Excerpt: ...ng that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d...
2022.07.27 Motion for Summary Judgment, Adjudication 595
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.27
Excerpt: ...nt with the court's order within 10 days of the date of service of this order. Explanation: Defendant moves for summary judgment or adjudication of plaintiffs' negligence/wrongful death claim on the ground that its employee Dr. James Kuo did not breach the standard of care. Defendant has presented the declaration of its expert, Dr. Gary Steinke, who opines that Dr. Kuo's care and treatment of plaintiffs' decedent did not fall below the standard o...
2022.07.26 Motion to Compel Further Responses 529
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.26
Excerpt: ...al responses render the motion moot as to these requests. To grant the motion to compel defendant Titlemax of California, Inc. (“defendant”) to provide further responses to requests for production numbers 24 and 25. Defendant shall provide verified further responses within 10 days of the date of service of this order. (Code Civ. Proc., § 2031.310.) To deny the motion to compel defendant to provide unredacted copies of the documents regarding...
2022.07.26 Motion for Summary Judgment, Adjudication 692
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.26
Excerpt: ...�Cross‐Complainant”) Tentative Ruling: To continue the hearing on this motion to September 15, 2022, at 3:30 p.m. in Department 503, for supplemental briefing as set forth below. Briefing schedule is as follows: Cross‐ Defendants' initial brief shall be filed on or before August 12, 2022. CrossComplainant's opposition shall be filed on or before August 22, 2022. Reply, if any, shall be filed on or before August 29, 2022. Explanation: Cross�...
2022.07.26 Motion for Summary Judgment, Adjudication 142
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.26
Excerpt: ... action: (1) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Government Code section 12940, subdivision (h); (3) wrongful termination in violation of public policy; and (4) defamation. All four cases of action are alleged against Stoneledge. The only claim alleged against Jorgensen is the fourth cause of action for defamation. Defendants jointly move for summary judgment or, in the alternative, summary adjud...
2022.07.26 Demurrer to TAC 772
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.26
Excerpt: ...test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether the plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of the plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) For the purpose of testing the sufficien...
2022.07.20 Motion to Set Aside Entry of Default 109
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.20
Excerpt: ...wer and cross‐complaint within 10 days of the clerk's services of the minute order. Explanation: The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Here...
2022.07.19 Demurrers 412
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.19
Excerpt: ... Tentative Ruling: To overrule the demurrers and deny the motions to strike. (Code Civ. Proc., §§ 430.10, subds. (e), (f), 435, 436.) Defendants FTF Enterprises, Inc. and Remarc, Inc. dba Fox Property Management shall file their answers to the Third Amended Complaint within ten (10) days from the date of service of this order. Explanation: General Demurrer Both demurring defendants challenge the sufficiency of the fourth and sixth causes of act...
2022.07.14 Motion for Preliminary Approval of Class Settlement 151
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.14
Excerpt: ...a v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for s...
2022.07.13 Motion to Set Aside Defaults, Judgment, to Quash Service of Summons 210
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.13
Excerpt: ...ns on defendants John Mahoney and Laura Mahoney. Explanation: The court has personal jurisdiction over a party “from the time summons is served on him provided by Chapter 4 ….” (Code Civ. Proc., § 410.50, subd. (a).) The court may set aside a default in the event that service of a summons has not resulted in actual notice to a party in time to defend the action. (Code Civ. Proc., § 473.5, subd. (a).) This section is designed to provide re...

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