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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...
2020.02.19 Demurrer, Motion to Strike 495
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.19
Excerpt: ...the general demurrers with leave to amend. To grant the motion to strike. Plaintiffs shall file and serve a Third Amended Complaint in conformity herewith within 10 days of the clerk's mailing of this minute order. New allegations shall be in boldface type font. Explanation: Demurrer: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also co...
2020.02.06 Motion to Quash Service of Summons 406
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.06
Excerpt: ... Cal.App.4th 1042, 1049.) However, “[u]nsigned invoices . . . cannot on their own create a contract or add terms to a contract.” (C9 Ventures v. SVC‐West, L.P. (2012) 202 Cal.App.4th 1483, 1501, see also India Paint & Lacquer Co. v. United Steel Products Corp. (1954) 123 Cal.App.2d 597, 607‐608 [““[t]he prevailing rule is that an invoice, standing alone, is not a contract . . . and a buyer is ordinarily not bound by statements thereon...
2020.02.05 Pitchess Motion 686
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.05
Excerpt: ...stodial officer personnel records and records maintained by any state or local agency pursuant to section 832.5, or any information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code.” Evidence Code section 1043 requires a noticed motion which identifies the records sought, and “affidavits showing good cause fo...
2020.02.05 Motion to Set Aside Entry of Default 725
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.05
Excerpt: ... Kaur has filed this motion to set aside the default entered by this Court. The Court's files show that a proof of service was filed with the Court on July 17, 2019 indicating that Defendant Kaur was served by substitute service on June 7, 2019, with the papers mailed to Defendant on June 10, 2019. Default was entered on July 23, 2019. Defendant filed her papers in support of the motion to set aside the default on November 12, 2019. It appears fr...
2020.02.05 Motion for Reconsideration of Summary Judgment 965
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.05
Excerpt: ...ing summary judgment in favor of defendants Abolnik, Galamgam, and Nwaka and denying plaintiff's cross‐motion for summary judgment. (Code Civ. Proc. § 1008.) Explanation: “[A]fter entry of judgment, a trial court has no further power to rule on a motion for reconsideration. ‘A court may reconsider its order granting or denying a motion and may even reconsider or alter its judgment so long as judgment has not yet been entered. Once judgment...
2020.02.04 Demurrer 606
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.02.04
Excerpt: ...to comply with Code of Civil Procedure §431.30, subdivision (g). In all other respects, the demurrer is overruled. Defendant shall have ten (10) court days from the date of this order to file an amended answer. Explanation: A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Supe...
2020.01.29 Motion for Summary Judgment 026
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.29
Excerpt: ...eny all three motions for summary judgment. (Code Civ. Proc. § 437c.) Explanation: Bowman's Motion: Defendant Ashley Bowman moves for summary judgment of the entire complaint, contending that there is no evidence that she breached the standard of care or caused plaintiff's injuries, and that even if there were such evidence, she is statutorily immune from liability in the absence of evidence of gross negligence or bad faith. Under Health and Saf...
2020.01.28 Motion for Summary Judgment, Adjudication 256
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.28
Excerpt: ...court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: The operative pleading, the Second Amended Complaint (“SAC”) alleges five causes of action arising out of the foreclosure of a four‐unit residential property owned by plaintiff: 1. Violation of Homeowners Bill of Rights; 2. Breach of Contract; 3. Breach of covenant of good faith and fair dealing; 4. Ne...
2020.01.28 Demurrer, Motion to Strike 495
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.28
Excerpt: ...d serve its answer to the Second Amended Complaint within 10 days of the clerk's mailing of this minute order. Explanation: Demurrer: “ ‘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 p...
2020.01.23 Motion for Summary Judgment 165
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.23
Excerpt: ...ible. (Shaw v. Regents of Univ. of California (1997) 58 Cal.App.4th 44, 52.) However, interpretation of a written document is a question of law for the trial court to determine, only where extrinsic evidence is unnecessary. (Temple v. Velcro USA, Inc. (1983) 148 Cal.App.3d 1090, 1095.) In other words, interpretation is appropriate where the language is clear, understandable and completely unambiguous. (Ibid.) “When the meaning of contractual la...
2020.01.23 Motion for Summary Judgment 026
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.23
Excerpt: ...nt of the entire complaint on the ground that there is no evidence that they acted in a grossly negligent manner or in bad faith. They point out that, under Health and Safety Code section 1799.106, “[A] firefighter, police officer or other law enforcement officer, EMT‐I, EMT‐II, EMT‐P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport shall only...
2020.01.22 Motion for Summary Judgment, Adjudication 050
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.22
Excerpt: ...SongBeverly – breach of express warranty; (2) violation of Song‐Beverly – breach of implied warranty; and (3) violation of Song‐ Beverly Section 1793.2. In response thereto, defendant General Motors LLC (hereafter “GM”) moves for summary judgement or adjudication. GM makes the same argument with regard to the complaint as a whole, as well as to each cause of action individually. GM argues that prior to litigation, it made a statutoril...
2020.01.16 Motion to Strike SLAPP Suit 766
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Excerpt: ...extent the request is directed at the existence of the documents and not the truth of the factual findings contained therein. (Evid. Code § 452(d); Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120 [“Judicial notice is properly taken of the existence of a factual finding in another proceeding, but not of the truth of that finding.”].) Special Motion to Strike The Anti‐SLAPP Statute. “A SLAPP suit—a strategic lawsu...
2020.01.16 Motion for Summary Adjudication 469
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Excerpt: ...de Civ. Proc. § 437c(f)(1).) To deny Mazda Motor Corporation' (“MC”) motion for summary adjudication of plaintiffs' claim for punitive damages. (Code Civ. Proc. § 437c(f)(1).) Explanation: In light of plaintiffs' statement of non‐opposition to MNAO's motion for summary adjudication, the motion will be granted for the reasons stated in the moving papers. MC moves for summary adjudication of plaintiffs' claim for punitive damages on two gro...

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