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2019.10.24 Petition to Abate Substandard Building, Appoint Receiver 990
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.24
Excerpt: ...ds published in the California Building Standards Code, the State Housing Law, and other rules and regulations adopted pursuant to the State Housing Law. (Health & Saf. Code, §§ 17980 to 17982.) When the violations or conditions of the property involve noncompliance with the requirements of the State Housing Law, or with the requirements of the published State Building Standards Code that implement the State Housing Law, or with local ordinance...
2019.10.24 Motion to Disqualify Counsel 169
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.24
Excerpt: ...nner connected with a judicial proceeding before it, in every matter pertaining thereto.' (Code Civ. Proc., § 128, subd. (a)(5); [citations].)” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil).) Motions to disqualify generally arise in one of two contexts: (1) in cases of successive representation, where an attorney seeks to represent a client with interests that are potential...
2019.10.23 Motion for Sanctions 500
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.23
Excerpt: ...) the motions were untimely as to the initial discovery responses, and (2) the court did not give permission to file the motions after the PTDC as required by Local Rule 2.1.17. In opposing the motions to compel, plaintiff requested $6,000 in monetary sanctions. The tentative ruling did not address the request for sanctions. Neither party requested oral argument, and so on August 8 the tentative ruling became the order of the court. Plaintiff the...
2019.10.23 Demurrer 225
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.23
Excerpt: ...71) 5 Cal. 3d 584, 591. Defendant Logan is alleged to be the owner of the property, to have leased the property to the other defendants, and to have done so with the knowledge of their intention to use the property as a board and care facility. The amended pleading specifically alleges that Logan herself was negligent in hiring, supervising, and retaining employee caregivers. See paragraph 46. The new allegation that Logan herself was negligent i...
2019.10.22 Motion for Summary Judgment 176
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.22
Excerpt: ...le their substantive opposition and expert declaration by October 15, 2019. Defendant's reply shall be due five calendar days before the continued hearing date. Explanation: Under Code of Civil Procedure section 437c, subdivision (h), “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be...
2019.10.22 Motion for Attorney Fees 646
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.22
Excerpt: ...roduced as the result of litigation. (Galbiso v. Orosi Public Utility Dist. (2008) 167 Cal.App.4th 1063, 1088; see also Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451, 464‐465 [public entity produced pivotal email, photographs and 146 email documents at a court ordered PMK deposition after “unequivocally claim[ing] it had produced every document”. . ..].) Additionally, a plaintiff who prevails in a CPRA action is entitled to an awar...
2019.10.17 Motion for Summary Judgment 965
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.17
Excerpt: ...ation: Plaintiff has sued defendants Abolnik, Galamgam, and Nwaka for elder neglect based on their alleged failure to intervene to protect him from defendant Hodanu, who allegedly assaulted and battered plaintiff. He alleges that he is over the age of 65 and an inpatient at the Department of State Hospitals – Coalinga, and thus he is an elder or dependent adult. (Complaint, ¶ 1.) Hodanu allegedly attacked and battered plaintiff on November 12,...
2019.10.17 Motion for Approval of PAGA Settlement 105
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.17
Excerpt: ...by a judgment in an action brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties ‘is fundamentally a law enforcement action designed to protect the public and not to benefit private parties.” Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 381....
2019.10.16 Motion for Summary Judgment 669
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.16
Excerpt: ...leadings. Second, we determine whether the moving party has met its statutory burden of proof. Once the defendant has made such a showing, the burden shifts to the plaintiff to produce evidence that a triable issue of fact exists as to an essential element of the cause of action. The third and final step is to determine whether the opposing party has demonstrated that a triable issue of fact exists as to the cause of action. In determining whethe...
2019.10.16 Demurrer 238
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.16
Excerpt: ...from service by the clerk of the minute order. New allegations in the Second Amended Complaint are to be set in boldface type. Explanation: Where the complaint fails to plead ultimate facts, the complaint is subject to demurrer. (Code of Civil Procedure § 430.10(e); Berger v. California Ins. Guar. Ass'n (2005) 128 Cal.App.4th 989, 1006.) Essentially, “[a] complaint must allege the ultimate facts necessary to the statement of an actionable clai...
2019.10.3 Motion to Compel Arbitration, for Sanctions 566
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.3
Excerpt: ...ation: 1. Objections The Court sustains all objections made by defendants Gurvinder Kandola and Julie Su, referred to herein collectively as the “Labor Commissioner.” The Court also notes that the evidence supplied with the reply papers on the issue of commerce is devoid of any actual ads allegedly placed in out of state publications or invoices showing that was done. There are no receipts or order confirmation for purchases from out of state...
2019.1.29 Motion for Summary Judgment 869
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.1.29
Excerpt: ...defendant breached the duty, and that the breach was a proximate or legal cause of injuries suffered by the plaintiff.” (United States Liab. Ins. Co. v. Haidinger–Hayes, Inc. (1970) 1 Cal.3d 586, 594.) Likewise, in order to establish premises liability on a negligence theory, a plaintiff must prove duty, breach, causation and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205. Defendants' motion is based solely on the theory that pr...
2019.1.24 Motion by Receiver to Employ Counsel 568
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.1.24
Excerpt: ...ommencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The sale is not final until confirmed by the court.” (Code Civ. Proc., § 568.5.) The proposed sale of the property will be conducted according to law. California Rule of Court 3.1180 provides: A receiver must not employ an attorney without the approval of the court. The application for approval to employ an attorney must be in writing and must state: (1) The necessity for t...
2019.1.23 Motion for Summary Adjudication 086
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.1.23
Excerpt: ...ake a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden by showing that one or more elements of the cause(s) of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc. § 437c, subds. (p)(2), (o)(2).) Once the moving party has met its initial burden, the burden shifts to the opposing party to produ...
2018.8.9 Petition to Compel Arbitration 487
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.9
Excerpt: ...esolution. To this end, ‘arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, th...
2018.8.9 Motion to Set Aside Default, Judgment 956
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.9
Excerpt: ...been issued, this is unnecessary. Jack filed this motion twice, once on June 14, 2018, in an attempt to have it heard ex parte, which the court ordered off calendar, and a second time on July 2, 2018, after the court instructed defendant that he must file a noticed motion.2 Since the supporting declarations filed with each motion are slightly different as to some crucial details, they are both considered in analyzing defendant's request to set as...
2018.8.9 Motion to Set Aside Default Judgment 475
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.9
Excerpt: ...within 10 days of service of the minute order plus 5 days for service via mail. (CCP § 1013) Explanation: Background On February 10, 2017, Plaintiff filed a judicial form Complaint alleging a cause of action for motor vehicle negligence and a cause of action for general negligence arising from a multi‐vehicle collision that took place on April 2, 2016 on Interstate 70 near Spiceland, Indiana. Plaintiff alleges that its truck was “rear‐ end...
2018.8.8 Motion to Strike 469
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.8
Excerpt: ...ring the 45‐ day leave to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: Defendant Golden, a corporation, filed its Answer to the Complaint in pro per. The answer was signed by Golden's CFO. A corporation cannot represent itself in court either pro per or through an officer or agent who is not an attorney. (Caressa Camille, Inc. v. Alcohol Beverage Control Appeals B...
2018.8.8 Demurrer, Motion to Strike 175
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.8
Excerpt: ...irst amended complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To grant defendant First American's motion to strike the references to malice, fraud, and oppression, and the requests for punitive damages and attorney's fees against it in the first amended complaint, as improper and unsupported. (Code Civ. Proc. §§ 435, 436.) To deny leave to amend. To...
2018.8.8 Application to Appear Pro Hac Vice 675
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.8
Excerpt: ....40, subds. (a), (d).) Here, Mr. McKey's application does not meet the requirements set forth in California Rules of Court, rule 9.40. The application does not include his place of residency, and no evidence is submitted to show that he does not regularly engage in substantial business, professional, or other activities in the State of California. Pursuant to California Rules of Court, rule 391(a) and Code of Civil Procedure section 1019.5, subd....
2018.8.7 Motion for Leave to Amend 347
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.7
Excerpt: ...r with trial counsel's schedule must attend as a new trial date will be assigned at the hearing. If no hearing is held on this motion, the court will set a new trial date at a Case Management hearing on Thursday, August 23, 2018 at 3:30 p.m. in Department 403. Explanation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc. § 473; see also, § 576.) There is ge...
2018.7.24 Petition to Compromise Minor's Claim 045
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.24
Excerpt: ...t. Fresno County, Local Rules, rule 2.8.4.) Explanation: Ordinarily, the reasonable attorney's fees in a petition to compromise the minor's claim are 25% of the net settlement without a clear explanation of why the higher fee would be justified per code. In the current petition the attorney seeks 33% of gross. There is nothing about this case that warrants this increased fee amount. The signature of the petitioner is not dated. The top portion of...
2018.7.24 Demurrer 965
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.24
Excerpt: ...defense counsel before he filed his demurrer. (Code Civ. Proc., § 430.41, subd. (a)(3).) Therefore, he has failed to comply with the requirements of section 430.41. However, the failure to meet and confer is not enough, by itself, to justify overruling the demurrer. (Code Civ. Proc., § 430.41, subd. (a)(4).) Also, since plaintiff is involuntarily confined at Coalinga State Hospital, he obviously cannot meet and confer in person with defense cou...
2018.7.3 Motion to Tax Costs 961
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.3
Excerpt: ...oyd sought to tax. (See Opp. brief, p. 3:14‐15—“The $435 filing fee amount for the first account was actually and reasonably incurred by Ms. Marsh and should be recoverable” (emphasis added).) Mr. Boyd provided no authority for his argument that because the accounting was filed as a result of a court order the filing fee is not a recoverable cost. As prevailing party, this is a cost that is recoverable by Ms. Marsh. The fact that Ms. Mars...
2018.7.3 Demurrer 646
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.3
Excerpt: ...ice of this minute order. All new allegations shall be in boldface typefont. Explanation: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “[P]laintiff's ability to prove the allegations, or the possible difficulty in making such proof, does not concern the reviewing court.�...

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