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2023.02.01 Motion for Terminating and Monetary Sanctions 036
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.01
Excerpt: ... process” to include “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or atto...
2023.02.01 Motion for Summary Adjudication 310
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.01
Excerpt: ...intiff's claim for violation of the Federal Locomotive Inspection Act (“LIA”), 49 U.S.C. § 20701, et seq. under the Federal Employers' Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Under 45 U.S.C. section 51, Every common carrier by railroad while engaging in commerce between any of the several States or Territories, … shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, �...
2023.01.31 Motion to Set Aside Default 321
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.31
Excerpt: ...ey licensed to practice in California. Explanation: Defendants move to set aside their defaults, entered on July 25, 2022, pursuant to the discretionary relief afforded under Code of Civil Procedure section 473, subdivision (b), on the grounds of inadvertence, surprise, mistake, or excusable neglect. The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against ...
2023.01.26 Motion for Summary Judgment, Adjudication 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.26
Excerpt: ... for summary judgment bears the initial burden to show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense thereto. (Code Civ. Proc. § 437c, subd. (o)(2). Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) If defendant carries this initial burden of production, the burden of production shifts to plaintiff to show that a triable issue of material fact exists. Plaintiff ...
2023.01.25 Motion to Strike 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.25
Excerpt: ...al.App.2d 528. In Oliver v. The Swiss Club Tell, supra, 222 Cal.App.2d 528, 533, an unincorporated association was sued and answered, stating the answer was on behalf of the “The Swiss Club Tell,” an unincorporated association, “if any such organization exists.” (Ibid. at 533.) Plaintiff failed to appear at the hearing where summary judgment was granted to defendant. That judgment was reversed on appeal and the court held the case should ...
2023.01.24 Motion to Grant and Strike Costs 943
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Excerpt: ...ts on appeal, seeking $91.10 for Item 1 filing fees, and $1,363.68 for Item 6 “Transmitting, filing, and serving of record, briefs, and other papers.” CVC moves to tax Item 6, contending this cost is excessive and unreasonable because “[i]t is impossible to determine from the face of the Memorandum of Costs why the claimed costs are in excess of the amounts listed on the Appellate Court Register of Actions page for the case and whether the ...
2023.01.24 Demurrer 012
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Excerpt: ...e a cause of action, without leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To overrule the demurrer of defendants California Correctional Health Care Services (CCHCS) and Tveritina to the first cause of action. To sustain the demurrer of CCHCS and Tveritina to the second cause of action, for failure to state facts sufficient to constitute a cause of action. To deny leave to amend the second cause of action as to CCHCS, but to grant leav...
2023.01.19 Motion to Expunge Lis Pendens 982
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Excerpt: ...ting a real property claim. (Code Civ. Proc., § 405.1.) A real property claim is an action, “which would, if meritorious, affect … title to, or the right of possession of, specific real property ….” (§ 405.4.) In addition to grounds not asserted here, a lis pendens may be ordered expunged upon a finding that the claimant cannot establish probable validity to their claim. (Code Civ. Proc., § 405.32; Defs. Points & Auth. at p. 5:13‐18....
2023.01.19 Motion for Judgment on the Pleadings 982
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Excerpt: ...defendant's failure to demonstrate compliance with Code of Civil Procedure section 439, subdivision (a), which requires defendant to meet and confer prior to filing a motion for judgment on the pleadings. The parties must engage in good faith meet and confer, in person or by telephone. (Code Civ. Proc. § 439, subd. (a).) The court's normal practice is to take such motions off calendar, subject to being re‐calendared once the parties have met a...
2023.01.18 Motion to Expunge Lis Pendens, Attorney Fees 271
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Excerpt: ...ce to support the requested amount of fees and costs. (Code Civ. Proc. § 405.38.) Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The c...
2023.01.18 Motion to Bifurcate Punitive Damages 142
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Excerpt: ...sses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to av...
2020.11.10 Demurrer 758
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.11.10
Excerpt: ...ard on Friday, November 13, 2020, at 8.30 a.m., in Dept. 54. Explanation: Demurrer ‐ General Standard of Ruling “The rule governing pleading in this state is that a plaintiff need only ‘set forth the ultimate facts constituting the cause of action, not the evidence by which [the] plaintiff proposes to prove those facts' [Citation].” (Knox v. Dean (2012) 205 Cal.App.4th 417, 431.) Further, “[w]e treat the demurrer as admitting all materi...
2020.03.19 Motion for Summary Judgment, Adjudication 360
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.19
Excerpt: ... Foster Farms' motion for summary judgment. Defendant Foster Farms is directed to submit to this court, within 5 days of service of the minute order, a judgment consistent with the court's order. Explanation: In the case at bar, plaintiff alleges six causes of action: (1) discrimination on the basis of race/nationality and disability in violation of the FEHA; (2) failure to provide reasonable accommodations [FEHA]; (3) failure to engage in intera...
2020.03.18 Motion for Approval of PAGA Settlement and Release 326
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.18
Excerpt: ...nsideration being paid for the release of those claims represents a reasonable compromise.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal. App. 4th 116, 133.) In Clark v. American Residential Services, LLC (2009) 175 Cal. App. 4th 785, the Court of Appeal stated that, “[the] court [must] receive and consider sufficient information on a core legal issue, affecting the strength of the case for plaintiffs on the merits, to make the requisit...
2020.03.17 Petition to Compel Binding Arbitration, Stay Action 685
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.17
Excerpt: ...t itself states the following: By virtue of Resident's consent, instruction and/or durable power of attorney, I hereby certify that I am authorized to act as Resident's agent in executing and delivering of this arbitration agreement. I acknowledge that the Facility is relying on this representation. However, defendant bore the burden of establishing a valid agreement to arbitrate. (Pagarigan v. Libby Care Center, Inc. (2002) 99 Cal.App.4th 298, 3...
2020.03.17 Motion to Vacate Entry of Judgment on Sister State Judgment 969
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.17
Excerpt: ...entered by Plaintiff Arcarius, LLC, on two grounds: first, that because the foreign state judgment was based on a confession of judgment it violates Due Process; and, second, Plaintiff's use of the confession of judgment was “premature and wrongful,” because Defendants were not in default at the time of the entry of judgment. Defendants also appear to make an argument that they were not afforded “service of process, notice and a right to be...
2020.03.17 Motion to Enforce Settlement 558
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.17
Excerpt: ...the settlement.” (Code Civ. Proc., § 664.6.) When deciding whether to enter judgment pursuant to section 664.6, the court is empowered to conduct a mini trial on the enforceability of the settlement agreement. Courts may adjudicate disputed facts and “entertain challenges to the actual terms of the stipulation.” (Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566 [statute's express authorization for trial courts to determine if a settlement oc...
2020.03.17 Motion to Compel Compliance with Inspection Demand 225
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.17
Excerpt: ...ich must state whether the inspection will be allowed, pose objections, or represent that responding party is unable to permit the inspection. Code of Civil Procedure section 2031.210 and 2031.220. That response has to be under oath. Code of Civil Procedure section 2031.250. The response is due in 30 days from service of the demand for inspection. Code of Civil Procedure section 2031.260. Failure to provide a timely response usually results in a ...
2020.03.12 Motion to Amend Judgment, for Related Relief 863
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.12
Excerpt: ... proposed amended judgment consistent with the court's order. Explanation: Every case may only have one final judgment. Generally, in order to be considered “final,” a judgment must adjudicate the claims asserted in both a complaint and cross‐complaint. (Nicholson v. Henderson (1944) 25 Cal.2d 375, 381.) Here, Left Coast seeks dismissal of the cross‐complaint, so that it may have one final judgment. This court is inclined to grant Left Co...
2020.03.12 Motion for Summary Judgment, Adjudication 065
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.12
Excerpt: ...he alternative motion for summary adjudication. (Code Civ. Proc. § 437c.) To grant defendant Dycora's motion for summary judgment as to the entire complaint. (Ibid.) Dycora shall submit a proposed judgment consistent with the court's order within 10 days of the date of this order. Explanation: Beverly Healthcare's Motion: Beverly argues that plaintiff lacks the capacity to sue and has no attorney, conservator, or guardian ad litem, and therefore...
2020.03.03 Motion to Quash Summons 500
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.03
Excerpt: ...id acts of unlawful sexual conduct by Bispham. Johnson moves to quash the summons on the ground the court lacks personal jurisdiction over him because he lives in Washington State and no longer has continuing contacts with California. Where jurisdiction is challenged by a non‐resident defendant, the burden of proof is upon the plaintiff to demonstrate that “minimum contacts” exist between defendant and the forum state to justify imposition ...
2020.03.03 Demurrer 415
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.03
Excerpt: ...ll be in boldface type font. 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, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Third Cau...
2020.02.27 Motion for Entry of Court Judgment 956
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.27
Excerpt: ...orders the Clerk to strike the defaults entered against the Defendants on the grounds that the various discrepancies in the proofs of service render them defective. Each proof of service indicates that Defendants were served at a business located at 1236 W. Shaw Ave., Fresno CA 93711. However, the declarations of diligence (which is on a document entitled “Non Service Report”) for each defendant describes this as a residential address. Furthe...
2020.02.27 Demurrer 596
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.27
Excerpt: ...n the FAC for failure to state facts sufficient to constitute a cause of action. HMA argues that plaintiff has not adequately alleged facts showing that plaintiff's failed transmission was a part that should have been covered under the Extended Emissions System Warranty mandated by California law, which requires parts for emissions systems in Partial Zero Emissions Vehicles (PZEV's) to be warranted for 15 years or 150,000 miles, whichever comes f...
2020.02.20 Motion for Class Certification 685
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.20
Excerpt: ... administrator must be submitted with the proposed notice. Plaintiff is to pay for the notice, subject to recovery of the sums paid as costs. Explanation: 1. Records Lodged Under Seal The Court has not been presented with any order or agreement for sealing of materials in this case. No motion has been filed. The Court's review of the materials shows no basis for sealing the motion or points and authorities, and those shall be placed in the public...

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