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2023.12.19 Motion to Deem RFAs Admitted, for Monetary Sanctions 772
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.19
Excerpt: ...ative Ruling: To deny defendant Admiral Insurance Company's ("Admiral") motions for an order deeming requests to admit truth of facts against plaintiff Shaw Creek Homeowners Association admitted, and to compel plaintiff's responses to Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, since plaintiff responded to the discovery requests on August 18, 2023. To award monetary sanctions ...
2023.12.19 Motion for Summary Judgment 829
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.19
Excerpt: ...the First Amended Complaint, which will run from service by the clerk of the minute order. Explanation: Defendant SMART Sheet Metal Workers' Local Union No. 104 moved for summary judgment of plaintiff Earl Riley's complaint on the basis that there is no triable issue of material fact and defendant is entitled to judgment as a matter of law. The operative complaint was filed on March 16, 2022. Defendant filed its answer generally denying the alleg...
2023.12.14 Motion for Summary Judgment, Adjudication 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.14
Excerpt: ...portation Authority's Request for Judicial Notice Tentative Ruling: To grant respective requests for judicial notice. To grant motion for summary judgment. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Each request for judicial notice was unopposed. The matters of which judicial notce was requested to be taken consis...
2023.12.14 Motion for Summary Judgment 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.14
Excerpt: ...well as attorneys' fees under the franchise agreements. On 2/11/21 the court granted DDR's ex parte application for temporary restraining order and OSC re preliminary injunction. On 3/30/31 the court granted a preliminary injunction prohibitng plaintiff from displaying certain signage in his Deli Delicious restaurants, purchasing or serving bread from unapproved vendors, serving food in unapproved packaging, and required defendant to display requ...
2023.12.13 Motion to Compel Further Responses 461
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.13
Excerpt: ...iate Athletic Ass'n (1994) 7 Cal.4th 1, 26.) To grant the motion to compel further responses to Form Interrogatories, Set One, as to Request Nos. 1.1, 3.3, 3.6, 4.1, 4.2, and 15.1, and to deny as to Request Nos. 50.1-50.5. (Code Civ. Proc., S 2031.310, 2030.300.) Defendant shall serve verified supplemental responses without objections as specified above within 30 days of the date of service of this order. Explanation: Plaintiff moves to compel de...
2023.12.13 Demurrer, Motion to Strike 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.13
Excerpt: ...: Demurrer The function of a demurrer is to 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 plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) In a...
2023.12.12 Motion for Determination of Contractual Provision 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.12
Excerpt: ...elease in a related matter to the present action. Plaintiffs seek this relief pursuant to Code of Civil Procedure section 187, which grants a trial court the inherent authority to control litigation procedure. In seeking to invoke the trial court's inherent authority, Plaintiffs submit that a waiver provision in a related matter may be applicable to the present matter. The waiver provision purports to be a settlement agreement between Plaintiffs ...
2023.12.07 Motion for Summary Judgment, Adjudication 761
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.07
Excerpt: ...liction of emotional distress, among others, all of which took place at the residence and with knowledge of the other defendants. Defendants Ravinder, Harbans and Parmjit Taggar ("Parents"), and Sahara SRL, Inc. ("Sahara SRL") now move for summary judgment, or in the alternative for summary adjudication. The Complaint asserts the following causes of action: 1. Sexual Battery (Civ. Code, S 1708.5) against Ravinder; 2. Domestic Violence (Civ. Code,...
2023.12.06 Motion to Approve PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.06
Excerpt: ...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.) A PAGA representative action i...
2023.12.06 Motion for Preliminary Injunction 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.06
Excerpt: ..., consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procu...
2023.12.05 Motion for Summary Judgment, Adjudication 451
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.05
Excerpt: ...se the curb on which she tripped was not a dangerous condition, or even if it was, it was an open and obvious condition and thus defendant had no duty to warn plaintiff of it or remedy the condition. However, the question of whether a condition is dangerous, and whether it is open and obvious, is generally an issue of fact for the jury to decide. "Civil Code secton 1714, subdivision (a), provides in relevant part: 'Every one is responsible, not o...
2023.11.30 Demurrer 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.30
Excerpt: ...ause of action on the ground that defendant cannot ascertain whether the contract is written, oral or implied by conduct. (Code Civ. Proc. S 430.10, subd. To sustain the general demurrer to each cause of action, on the ground that each of them fails to state facts sufficient to adequately state a cause of action. (Code Civ. Prcyc., S 430.10, subd. (e).) Plaintiff is granted 30 days' leave to file the first amended complaint, which will run from s...
2023.11.30 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.30
Excerpt: ... defendant SWH Mimi's Café', LLC to respond to the second set of form interrogatories, without objections. Defendant shall serve verified responses without objections within 10 days of the date of service of this order. To grant the motion to deem SWH Mimi's Café, LLC to have admitted the truth of the matters and the genuineness of all documents in the requests for admissions. Defendants are deemed to have waived all objections to the requests ...
2023.11.29 Application for Writ of Possession 321
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.29
Excerpt: ...operty alleges is in the possession of defendant Colby McMillin ("Defendant"). On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. S 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showng of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim i...
2023.11.28 Motion to Compel Responses, for Monetary Sanctions 272
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.28
Excerpt: ...ified responses, without objections, to the defendant's Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production, Set One, no later than 15 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To award monetary sanctions in the total amount of $842.50 in favor of the defendant, Delno Terrace, lnc„ and against the plaintiff, Latanisha Lark, payable with...
2023.11.16 Motion to Compel Responses 332
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.16
Excerpt: ... will be made, and the papers, if any, upon which it is to be based." (Code Civ. Proc., S 1010.) "A notice of moton must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order." (Cal. Rules of Court, rule 3.1110(a).) Here, defendant Jose Preciado has reserved a date and time for hearing for one motionl and served a notice of motion providing as follows: NOTICE IS HEREBY GIVEN that defendant J...
2023.11.16 Motion for Limited Discovery, Anti-SLAPP to Strike 210
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.16
Excerpt: ...ry Defendants/cross-complainants request the court continue the special motion to strike their cross- complaint so that they may conduct limited discovery. They argue that they have propounded discovery on plaintiff/cross-defendant regarding the issues of whether plaintiff/cross-defendant has made defamatory statements outside of her complaint and where plaintiff/cross-defendant lived and worked since 2015. Code of Civil Procedure section 425.16,...
2023.11.14 Motion for Summary Judgment 751
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.14
Excerpt: ...lic entity for allegations that it created a dangerous condition causing injury, a plaintiff must establish " '[II that the property was in a dangerous condition at the time of the injury, [2] that the injury was proximately caused by the dangerous condition, [3] that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and [9] [4] [that the] public entity had actual or constructive notice of the...
2023.11.14 Demurrer, Motion to Strike Punitive Damages 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.14
Excerpt: ...Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC ("Defendant") demurs to the fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively "Plaintiffs"). ...
2023.11.09 Motion to Seal Medical Records 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.09
Excerpt: ...l records filed on May 5, 2023 as part of defendant Angelica Jimenez M.D.'S motion for summary adjudication. Plaintiff has met the requirements of Rule of Court 2.550 with regard to the sealing of documents. Under Rule of Court 2.550, subdivision (c), "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550, subd. "A record must not be filed under seal without a court order. The court mu...
2023.11.09 Motion to Compel Arbitration and Stay Action 671
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.09
Excerpt: ... vehicle ensued which form the basis of the instant complaint for damages. Plaintiff brought three causes of achon against defendant Hyundai Motor America ("Defendant"), for breach of express warranties afforded through the Song-Beverly Act; breach of implied warranties afforded through the Songaeverly Act, and violation of secton 1793.2 of the Civil Ctxle.l The agreement is a retail installment sales contract ("RISC") made Plaintiff and a non-pa...
2023.11.09 Motion for Approval of PAGA Settlement 009
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.09
Excerpt: ...superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same tme that it is submitted to the court."]) The trial court is to "evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state l...
2023.11.08 Motion to Fix Prejudgment Interest 651
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.08
Excerpt: ...t interest must timely ask the court to determine if it is entitled to such interest. (North Oakland Medical Clinic v. Rogers (1998) 55 Cal.App.4th 824, 829-830 ("North Oakland").) In North Oakland, the court considered the issue of whether plaintiffs had timely filed their motion for prejudgment interest. (See ld. at p. 829.) The parties and the court agreed that "no statute or rule of court establishes a procedure for requesting an award of pre...
2023.11.07 Motion to Compel Arbitration 129
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.07
Excerpt: ...et seq. Defendant Britz Farming Corporation now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to stay the representative portion of the PAGA claim brought on of all aggrieved employees. A trial court is required to grant a moton to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." Civ. Proc., S 1281.2.) However, there is "no public policy in favor of f...
2023.11.02 Motion for Trial Preference 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.02
Excerpt: ...hin the next 120 days. Explanation: Under Code of Civil Procedure section 36, subdivision (a), A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the achon as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in t...
2023.10.24 Motion to Compel Responses, for Sanctions 029
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.24
Excerpt: ...equests for Production, Set One. (Code Civ. Proc. S 2031.320, subd. (a).) The documents shall be served no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To deny the request for sanctions pursuant to Code of Civil Procedure section 2031.310, subdivision (h). Explanation: The motion at bench was calendared as a motion to compel initial responses to discovery. However, the moving...
2023.10.19 Petition to Confirm Arbitration Awards 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.19
Excerpt: ...names of the arbitrators; and (c) set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. Misaghi has complied with these requirements. Thus, unless pro#rly moves to vacate, correct or dismiss the petition, the court must confirm the arbitration award and enter judgment thereon. (Code Civ. Proc., SS 1286; 1287.4; Eternity Investments, Inc. v. Brown (2W7) 151 Cal.App.4th 739, 744-45.) Deli Delicious agree...
2023.10.19 Motion to Set Aside Dismissal 492
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.19
Excerpt: ...11-16.) The court disagrees. The court granted plaintiff an order shortening tme at the ex parte hearing, with the added proviso that "[nlew filings will flow from the new hearing date." However, this did not require plaintiff to refile his motion. Rather, the court's order effectively advanced plaintiff's hearing date from January 18, 2024, to October 17, 2023 (which was then continued again to October 19, 2023). The court's direction regarding ...
2023.10.18 Demurrer to FAC 891
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.18
Excerpt: ...: Demurrer — General Principles A party may file a general demurrer on claims that "[t]he pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [ "'A demurrer can be utilized where the complaint itself is incomplete . [Citations.]" l.) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or co...
2023.10.17 Motion for Approval of PAGA Settlement 441
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.17
Excerpt: ...]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) representative action under PAGA is not a class action% and is instead a 'type of qui tam action', a standard requiring the trial court to determine inde#ndently whether a PAGA settlement is fair and ...
2023.10.10 Motions to Compel Further Responses, for Monetary Sanctions 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.10
Excerpt: ... further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,350. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code...
2023.10.05 Motion to Compel Arbitration 462
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.05
Excerpt: ...trate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. ("Honda") moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail instal...
2023.10.05 Motion for Reconsideration or for Relief 592
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.05
Excerpt: ...r v. Atlantic Richfield co. (2001) 25 cal.4th 826, 859, fn. 29; Ten Eyck v. Industrial Forklifts co. (1989) 216 Cal.App.3d 540, 545.) Once judgment is entered, it "may correct judicial error only through certain limited procedures such as motions for new trial and motions to vacate the judgment." (APRI Ins. Co. v. Superior Court, supra, 76 Cal.App.4th at p. 181.) Mandatory Relief Pursuant to Code of Civil Procedure section 473, subdivision (b) Th...
2023.10.05 Motion for Reconsideration 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.05
Excerpt: ...l interrogatories, as a result of plaintiff's counsel's failure to appear at the scheduled Pretrial Discovery Conference. Plaintiff's counsel filed opposition to defendant's request for a Pretrial Discovery Conference, and was aware of the date the court had initially set for said conference, and was also aware of the contnuance granted, which set the conference for August 4, 2023. Counsel states he failed to appear because even though his office...
2023.10.05 Motion for Judgment on the Pleadings 255
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.05
Excerpt: ...ic situaton. In March 2020 the decedent, Anthony Choza, Jr., was a pedestrian on Hughes near Brown Avenue in Fresno when he was struck by a vehicle driven by defendant David Zarucchi. The plaintiffs allege the lack of lighting at the location created a dangerous condition to public property and was a substantial factor causing the decedent's death. The plaintiffs are the decedent's wife, individually and on behalf of the decedent's estate, and hi...
2023.10.04 Motion for Judgment on the Pleadings, to Strike Punitive Damages 319
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.04
Excerpt: ... Procedure section 439 and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the motion for judgment on the pleadings and motion to strike. If the parties cannot agree on the purported deficiencies in the complaint, defendant may calendar another hearing date for the motions and must comply with Code of Civil Procedure secton 439 and 435.5 in doing so. If the parties need more time to meet and confer, they may ...
2023.10.04 Motion for Final Approval of Class Action Settlement 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.04
Excerpt: ...ll dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at October 1, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure secton 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than September 11, 2024. Explanation: "Before final approval, the court must conduct an inquiry into t...
2023.10.03 Motions to Compel Further Responses 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.03
Excerpt: ...o compel further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,755. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Un...
2023.10.03 Motion for Summary Judgment 921
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.03
Excerpt: ... evidence in the light most fawrable to plaintiffs'" and "'liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant['s] own evidence, in order to resolve any evidentiary doubts or ambiguities in plaintiffs' favor.'" (McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88, 96-97, citations omitted.) The court does not weigh evidence or inferences (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th...
2023.09.28 Motion for Summary Judgment 402
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.28
Excerpt: ...ffs") filed the instant action for seven causes of action: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) private nuisance; (6) public nuisance; and (7) breach of contract. The Complaint is brought against defendants Dogwood East Village, K&K Property Management, Vacasa LLC, Paul Casares and the Williams Family Trust. Plaintiffs alleged that between February 6, 2020 and February 10, ...
2023.09.27 Motion to Compel Further Responses 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.27
Excerpt: ...y 19, 2023 Tentative Ruling: To grant in part plaintiff's May 3, 2023 motons to compel further responses from Kevin Schwin and SchwinLaw, PC to form interrogatories and requests for production. Defendant Kevin Schwin shall provide further verified responses to Form Interrogatory Nos. 2.5, 16.1, 16.2, and 50.1-6. Defendant SchwinLaw, PC shall provide further verified responses to Form Interrogatory Nos. 16.1, 16.2, and 50.1-6. Defendants Kevin Sch...
2023.09.20 Motion for Final Approval of Class Settlement 820
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.20
Excerpt: ...within 5 days of the clerk's service of this order. To set a hearing at September 18, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than September 4, 2024. Explanation: "Before final approva , the court must conduct an inquiry into the fairness of the propose...
2023.09.19 Demurrer to FAC, Motion to Strike Punitive Damages 111
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Excerpt: ...e secton 430.41and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the demurrer and motion to strike. If the parties cannot agree on the purported deficiencies in the first amended complaint, defendant may calendar another hearing date for the demurrer and must comply with Code of Civil Procedure section 430.41 and 435.5 in doing so. If the parties need more tme to meet and confer, they may submit a stipulati...
2023.09.19 Demurrer to FAC 190
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Excerpt: ...hat it has no duty to "police" or supervise the accounts of its customers to ensure that they are not the victims of fraud or financial elder abuse and thus it cannot be liable for negligently allowing plaintiff's granddaughter to steal cwer $90,000 from plaintiff's accounts, Wells Fargo has not established that it owes plaintiff no duty as a matter of law. The cases cited by Wells Fargo only stand for the proposition that a bank has no duty to m...
2023.09.19 Demurrer to FAC 012
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Excerpt: ... Tveritna argues that plaintiff's negligence claim against her is insufficiently alleged because he has not alleged any specific facts showing that her alleged failure to summon medical aid for him for two hours after he first told her about his symptoms caused him any additional harm beyond what he had already suffered as a result of receiving the Covid-19 vaccine. She contends that his new allegations in the first amended complaint are nothing ...
2023.09.14 Motion for Summary Judgment 571
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.14
Excerpt: ...3:30 p.m. in Department 503. Explanation: On September 3, 2020, plaintiff Carlos Aguilar ("Plaintiff") filed the instant action for two causes of action: general negligence, and premises liability. Plaintiff alleged that on September 7, 2018, he slipped and fell at Jetro Restaurant Depot due to soap on the floor. Defendant RD America, LLC ("Defendant"), erroneously sued as Jetro Restaurant Depot, now seeks summary judgment of the Complaint. Defen...
2023.09.12 Motion to Bifurcate 162
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.12
Excerpt: ...rizes the court to make an order that the trial of any issue shall precede the trial of any other issue "when the convenience of witnesses, 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[.l" The objective of bifurcation "is avoidance of the waste of time and money caused by the unnecessary trial of damage questions in cases where the liability...
2023.09.12 Motion for Reconsideration, Relief from Waiver 491
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.12
Excerpt: ...Code Civ. Proc., S 473, subd. (b), first sentence.) The court denies the request for relief from waiver of objections, but grants defendant relief from the court's October 25, 2022 order pursuant to Code of Civil Procedure section 473, subdivision (b), on the condition that defendant agrees to participate in a pretrial discovery conference regarding the at-issue discovery, and agrees to extend plaintiff's deadline for filing a motion to compel fu...
2023.09.12 Demurrer to FACC 008
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.12
Excerpt: ...nfliction of emotional distress ("IIED"), cross-complainant Stacey Aprile filed the FACC. Doe purports to demur to both causes of action, including the second cause of action for harassment, but does not address the second cause of action at all. The court will only address the first cause of action. The elements of a cause of action for IIED are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disre...
2023.09.07 Motion for Prejudgment Possession 831
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.07
Excerpt: ... 1240.010.) The State has adopted the required resolution of necessity. (Code Civ. Proc. S 1240.040.) The State has deposited with the State Treasury the probable amount of compensation. All defendants who have appeared and not disclaimed any interest in the property have been timely served with the motion for possession. (Code Civ. Proc. S 1255.410.) Since the motion is opposed, in orderto grant the motion, the court must also find: (C) There is...
2023.09.07 Motion for Summary Judgment, Adjudication 044
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.07
Excerpt: ...re are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc„ 5437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) In determining a motion for summary judgment, "'we view the evidence in the light most favorable to plaintiffs'" and "'liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant['sl own evidence, in order to resolve any evide...
2023.09.06 Motion to Set Aside Dismissal and Disburse Funds 990
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.06
Excerpt: ...contnues the matter to Thursday, September 28, 2023, at 3:30 p.m. in Department 503, to allow moving party to file a supplemental declaration addressing the issues explained below. The supplemental declaration must be filed on or before 5:00 p.m. on September 20, 2023. Explanation: It is proper to set the dismissal aside, since that is the only way anyone can make a claim to the funds. However, it is not yet clear that moving party Phyllis E.F. J...
2023.09.06 Motion to Deem RFAs Admitted, to Compel Compliance with Subpoena, Deposition, for Monetary Sanctions 342
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.06
Excerpt: ...against Plaintiff Tentative Ruling: To grant defendant's motion to deem requests for admissions admitted. The truth of the matters specified in the Request for Admissions, Set One, are to be deemed admitted, unless plaintiff serves, before the hearing, a response that is in substantial compliance with Code of Civil Procedure section 2033.220. To grant defendant's motion to compel JK Wholesale to Comply with the Subpoena. Within 10 days of service...
2023.09.06 Motion to Compel Arbitration 118
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.06
Excerpt: ... of arbitration of plaintiff's first, second, third, fourth and seventh causes of acton. Explanation: Defendants move the court for an order compelling plaintiff to arbitrate the claims of her complaint pursuant to Code of Civil Procedure section 1281.2. Upon commencing her employment with McCormick Barstow, LLP, plaintiff signed an arbitration agreement wherein plaintiff agreed to submit to arbitration "any and all disputes, claims or controvers...
2023.09.06 Motion for Judgment of Dismissal of FAC 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.06
Excerpt: ...ctively "Defendants") seek to dismiss the First Amended Complaint by Plaintiffs Lennice Muhammad and Julia Dudley (collectively "Plaintiffs") for failure to comply with the court's May 31, 2023 order granting Plaintiffs the relief they sought, for leave to file an amended pleading. Defendants filed the instant motion on July 7, 2023, more than 30 days after leave was granted. At the time of filing, no amended pleading had been filed. Accordingly,...
2023.08.31 Motion for Judgment on the Pleadings 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.31
Excerpt: ...planation: Each request for judicial notce was The matters of which judicial notice was requested to be taken consist of public statutory law, regulations, legislative enactments, legislative history, and related official or records. Each is granted, accordingly. A motion for judgment on the pleadings has the same function as a general demurrer in that it is used to challenge pleadings that do not state facts sufficient to constitute a cause of a...
2023.08.30 Demurrer 771
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.30
Excerpt: ...on, without leave to amend. To overrule Specialized Loan Servicing LLC's ("SLS") demurrer to the first cause of action. Within 10 days of service of the order by the clerk, SLS shall file its answer to the Complaint. Explanation: In the first cause of action for wrongful foreclosure, plaintiff alleges that the foreclosure sale was wrongful because defendant "SL" (presumably this refers to SLS) did not comply with Civil Code section 2924(f) becaus...
2023.08.29 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration 018
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.29
Excerpt: ...ng a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, shall be valid, irre'.nxable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. S 2.) [W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement...
2023.08.29 Motion to Approve PAGA Settlement 976
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.29
Excerpt: ...abor Code under the Private Attorneys General Act ("PAGA"). "The superior court shall review and approve any settlement of any civil achon filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the ...
2023.08.29 Demurrer to FAC 451
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.29
Excerpt: ...ctively, "Defendants"). The defendants shall file and serve their answers to the first amended complaint within ten (10) days of the clerk's mailing of this minute order. To deny plaintiff's request for judicial notice. Explanation: Demurrer Defendants demur specially to the second cause of achon and generally to both the first and second causes of action of the first amended complaint ("FAC") on the ground that each fails to state sufficient fac...
2023.08.16 Motion for Final Approval of Class Settlement 821
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.16
Excerpt: ...ed and the distribution of any cy pres funds can be ordered. The parties are ordered to file a declaration from the administrator as to the payout and amount of uncashed checks no later than August 1, 2024. As required by CRC 3.771(b), notce of the judgment is to be given to the class. Notice may be given by an insert with the settlement check that states judgment was entered with a link to the court's website and directions to enter the case num...
2023.08.16 Motion for Relief from Waiver of Discovery Objections 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.16
Excerpt: ...from waiver of objections, but grants defendant relief from the court's October 25, 2022 order pursuant to Code of Civil Procedure section 473, subdivision (b), on the condition that defendant agrees that plaintiff's deadline for filing a motion to compel further responses is extended 35 days from service of this order, or whatever later date the parties may agree upon, and provided defendant participates in a pretrial discovery conference regard...
2023.08.15 Motion to Sever Trial or for Procedural Protections During Concurrent Trial 249
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...ghth and thirty- first causes of action and the alternative motion for procedural protections during the trial, without prejudice, as the motion is premature and should be brought as a motion in limine. Explanation: under Code of Civil Procedure section 1048, "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, inclu...
2023.08.15 Motion to Set Aside Default Judgment Based Upon Defective Notice, for Leave to Defend Action 951
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...senior care living facilities. After the defendants failed to pay Romero $33,500 for services rendered from May 1, 2016, to August 31, 2019, Romero filed a complaint for breach of contract and common counts against six named defendants: VR Enigma lnc„ VR Enigma Inc. dba Royal Gardens Senior Care, VR Enigma, Inc. dba Royal Gardens II Senior Care, VR Enigma, Inc. dba Royal Gardens III Senior Care, VR Enigma, Inc. dba Royal Gardens IV Senior Care,...
2023.08.15 Motion for Leave to Intervene 819
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...terest against both, may intervene in the action or proceeding." (Code Civ. Proc., S 387 (a).) "[Ilf the person seeking interventon claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede the person's ability to protect that interest, unless that person's interest is adequately represented by existing ...
2023.08.15 Motion for Attorney Fees, to Tax Costs 672
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...ng a four-week trial, the jury rendered verdict favorable in part to plaintiffs Veronica Ordaz Gonzalez and Jose Ramos Santiago and entirely favorable to defendants with regard to plaintiffs Omar Perez and Roberto Perez. The parties have filed memorandums of costs having each prevailed at least in part. Plaintiff Gonzalez moves the court for an award of attorney's fees as the prevailing party in her cause of action for violations of the Bane Act ...
2023.08.15 Demurrers, Motions to Strike FAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...S 430.10, subd. (e), (f).) To deny RVJ's motion to strike alter-ego allegations. To grant the moton to strike the requests for attorneys' fees at FAC 8:21, 20:26 and 21:4, with leave to amend. (Code Civ. Proc., S 436, subd. To sustain Isidro Martinez and Martinez Accounting, Inc.' (collectively, "Martinez") demurrer to the eleventh, thirteenth, fourteenth and fifteenth causes of action, with plaintiff granted 10 days' leave to amend as to the ele...
2023.08.10 Motion for Terminating Sanctions 961
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.10
Excerpt: ...ing to or to submit to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc., S 2023.010, subd. (d).) Once a motion to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more severe sanctions, since disobeying a court order to provide discovery is also a misuse of the discovery process. (ld., (g).) It appears that since at least mid-to-late 2021, p...
2023.08.10 Motion for Leave to Intervene in FAC 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.10
Excerpt: ... be collectively referred to herein as "Intervenors." The First Amended Complaint alleges that during the period of July 1, 2019, to September 30, 2020, plaintiff overpaid sales taxes in the amount of $10,797,689.31 on the sales of jet fuel to Southwest Airlines Co. The taxes at issue are pursuant to the Bradley8urns Uniform Local Sales and Use Tax Law, codified in Revenue and Taxaton Code section 7200, et seq. Plaintiff pays these taxes to the d...
2023.08.09 Demurrers 280
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.09
Excerpt: ...ferent allegations in the second amended complaint are to be set in boldface type. Explanation: Mandatory Duty "A plaintiff seeking to hold a public entity liable under Government Code section 815.6 must specifically identify the statute or regulation alleged to create a mandatory duty." (In re Groundwater Cases (2007) 154 Cal.App.4th 659, 689.) In essence, "[t]o construe a statute as imposing a mandatory duty on a public entiW, 'the mandatory na...
2023.08.03 Motion for Judgment on the Pleadings 131
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.03
Excerpt: ... dba Focus Home Health. (Code Civ. Proc., S 438.) Explanation: Judgement on the Pleadings A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. (Code Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) he grounds for the moton must appear on the face of the challenged pleading or from facts judicially noticeable. (Prickett v. Bonnier, supra, ...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.02
Excerpt: ... filed evidentiary objections to 1) new evidence in defendant's reply brief; 2) portions of the Dwight Nelson Declaration filed January 18, 2023; 3) paragraph 5 of the Dwight Nelson Declaration filed June 14, 2023; and 4) portions of the Liam Gaarder-Feingold Declaration filed June 14, 2023. The court is sustaining the objection as to new evidence in defendant's reply. The court has not considered new arguments presented for the first time in def...
2023.08.02 Motion for Summary Judgment, Adjudication 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.02
Excerpt: ...ons in the proper format, as required by Rule of Court 3.1354. Written objections are (inter alia) to be filed separately from other papers, and quote the objectionable material and clearly state the grounds for the objections. The parties must do more than just note their objections on the Separate Statement and in the memorandums of points and authorities, as they have done here. Failure to object waives the right to challenge the court's rulin...
2023.08.01 Motion for Summary Judgment 162
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ...: California law makes clear that Defendant[s] had a non-delegable duty of care to maintain the subject property, including the subject window, in a safe condition. Koepnick v. Kashiwa Fudosan America, Inc. (2009) 173 Cal.App.4th 32, 35. As a general matter, "[all' landowners, including landlords, must use reasonable care to protect people who come onto their property. [Citations. [Stone v. Center Trust Retail Properties, Inc. (2008) 163 Cal.App....
2023.08.01 Motion for Summary Judgment, Adjudication 249
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ...y Judgment, or in the Alternative Summary Adjudication of its Breach of Contract Claim and Defendants' Affirmative Defenses in Case No. 20CECG01363 Defendant Wonderful Almonds Cooperative's Motion for Summary Judgment, in the Alternative Summary Adjudication of Plaintiffs' Thirty-First Cause of Action Tentative Ruling: To grant plaintiff Independent Financing Services' motion for summary adjudication of its breach of contract claim and defendant'...
2023.08.01 Motion to Compel Initial Discovery Responses, for Sanctions 109
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ... Lopez and Araceli Hernandez each with Requests for Admission, Request for Production of Documents, and Form Interrogatories — General (each set one). Defendants received multiple extensions of time to respond, ultimately to May 1, 2023. Another extension of time was requested on May 3, 2023, but the further extension was not granted, as the responses were already late and multiple extensions had already been given. Plaintiff has filed motions ...
2023.07.27 Motion for Summary Judgment, Adjudication 742
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.27
Excerpt: ... a minor. Plaintiff's father, Frank Sifuentes Jr. (decedent), reported to the emergency' department at Madera Community Hospital (MCH) on 4/15/20 in great pain and was diagnosed with a torn artery which required surgery. MCH transferred decedent to defendant Community Regional Medical Center (CRMC). CRMC discharged decedent on 4/22/20 without performing surgery. On 4/23/20 decedent was transferred to defendant Keck Hospital of USC, where died on ...
2023.07.25 Motion for Preliminary Injunction 771
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.25
Excerpt: ... acquires personal jurisdiction of a defendant by service of process in accordance with statutory and due process requirements. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Borsuk v. Appellate Division of Superior Court (2015) 242 Cal.App.4th 607, 612 [personal jurisdiction is conferred by service on defendant of the summons and complaintl.) Actual notice of the action alone is not a substitute for proper servi...
2023.07.20 Motion to Compel Responses 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.20
Excerpt: ...ories, set one, and requests for production of documents, set two, as verified responses have been provided. To deny the motion to compel responses to requests for admission, set one. Code of Civil Procedure section 2033.280(b) does not provide authority to compel responses but to deem matters admitted. To grant defendant's request for sanctions as to plaintiff for having unsuccessfully moved to compel responses to interrogatories and requests fo...
2023.07.20 Motion for Preliminary Approval of Class Action Settlement 624
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.20
Excerpt: ...the proposed class meets the requirements for certification before it can 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 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. W...
2023.07.11 Motion for Leave to File Supplemental Complaint 612
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.11
Excerpt: ...ke a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer." (Code Civ. Proc., S 464, subd. (a).) "A 'supplemental' pleading is used to allege facts occurring after the original pleading was filed. In contrast, the additional allegations in an 'amended' pleading address matters that had occurred before the original pleading was filed." (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032...
2023.07.06 Motion for Stay of Action 721
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.06
Excerpt: ...Rules of Court, rule 3.515(a) to stay the matter pending resolution by the California Supreme Court of Everardo Rodriguez v. FCA US, LLC, Case No. S274625. Code of Civil Procedure secton 404.5 and California Rules of Court, rule 3.515 contemplate stays pending consideration for coordination of multiple actions. Plaintiff provides no evidence that he seeks to have the matter coordinated. Accordingly, a stay under Code of Civil Procedure section 40...
2023.07.06 Demurrer, for Monetary Sanctions 092
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.06
Excerpt: ...tiff Griselda Rodriguez's first and second causes of action for motor vehicle negligence, and to plaintiff Marcela Martinez's sole cause of action for loss of consortium, unless all other parties appear at the hearing and waive service of the moving papers. (Code Civ. Proc., SS 1005, subd. (b); 1014.) To deny plaintiffs Rodriguez and Martinez's request for monetary sanctions. (Code Civ. Proc., S 128.5.) Explanation: Notice Defects "[Alll moving a...
2023.06.29 Motion for Preliminary Approval of Class Action Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.29
Excerpt: ...posed 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) ofa sufficiently numerous, ascertainable class, (2) of a well-defined community of interest, and (3) that certification will prov...
2023.06.29 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.29
Excerpt: ...h will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: Plaintiff, S.C., sued the County of Fresno (County), KTDA Group Home, Inc. (Facility), and Does 3 through 25, in a revival action under Code of Civil Procedure secton 340.1. (S.C. was under age 40 at the time he filed his complaint.) S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the de...
2023.06.27 Motion for Attorney Fees 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...ion under Code of Civil Procedure secton 1021 and Section XXV, subdivision (G) of the franchise agreements, dated December 3, 2010 and April 11, 2012, between the parties (the "Franchise Agreements"). "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties, but parties to actions or proceedings are enti...
2023.06.27 Demurrer, Motion to Strike, for Leave to File Punitive Damages, for Sanctions Pleadings 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...pleading shall be filed within 30 days of the clerk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. To deny plaintiff's motion for leave to file punitive damages pleadings. To deny plaintiff's application for sanctions. Explanation: Demurrer/strike "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern C...
2023.06.22 Demurrer to SAC, Motion for Relief from Sanctions 910
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...ute order by the clerk. To deny the motion for relief from sanctions. Explanation: Defendants Springs SPE, LP (erroneously sued as The Springs), and Apartment Management Consultants, LLC (collectively "defendants") generally demur to the eighth cause of action, for public nuisance, for failure to state facts to support the cause of action. The present demurrer is the third challenge to the same cause of action, based on the same deficiencies alle...
2023.06.22 Motion to Compel Production of Client File 152
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ... by Rules of Professional Conduct, Rule 1.16, subdivision (e). Mr. Hoppe attests to having provided the contents of the file as requested by his client with the exception of a February 14, 2023 email from Jeff Williams, in-house counsel for Zenith, and emails sent after his representation of TJ & Sons ended on March 1, 2023. (Hoppe Decl. "1 9-10.) The author of the emails, Mr. Williams, asserted the work product privilege regarding the February 1...
2023.06.22 Motion for Attorney Fees 402
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...lanation below), with the time to run from the clerk's service of the minute order adopting this Tentative Ruling. Explanation: In this partition action, an interlocutory judgment issued on December 22, 2020, which ordered the subject property to be sold by the appointed referee, with the proviso that $20,000 of the sale proceeds would be impounded to cover later costs of partition. A further order was entered on February 3, 2022, confirming the ...
2023.06.22 Motion for Terminating Sanctions 491
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...iv. Proc., S 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To strike the complaint and dismiss the action. To grant and to award monetary sanctions in the total amount of $735 against plaintiff David Herrera and his attorney of record, Justin B. Toobi, jointly and severally, payable within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. To grant and to award monetary sa...
2023.06.15 Motion to Amend Complaint 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.15
Excerpt: ...intiffs attach an email from Mr. Rosado wherein he asks counsel to use a new address. However, as the court instructed counsel in the Tentative Ruling issued on April 18, 2023, when service to Mr. Rosado is made by mail, plaintiffs must include service at his address of record, even if they also wish to serve him at a different address. It is the duty of the litigant (including a self-representing litigant) to serve all parties with a written not...
2023.06.15 Motion for Final Approval of Class Settlement 641
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.15
Excerpt: ...ancement payment to plaintff Eric Garcia is $5,000. A revised proposed order shall be submitted to this department within 5 days of the clerk's service ofthis order. To set a hearing at June 13, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than May 30, 2024....
2023.06.13 Demurrer to FAC 161
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.13
Excerpt: ...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 plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible diffculty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint against ...
2023.06.08 Motion for Sanctions 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ... 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 orto cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, an...
2023.06.08 Demurrer 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ...e the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle accident, contending that the First Amended Complaint ("FAC") fails to state cause of action, there is a nonjoinder or misjoinder of parties, the FAC is vague and ambiguous, and the cause of action is time-barr...
2023.06.07 Motion to Withdraw Deemed Admitted, for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...noticed by Defendants County of Fresno and Fresno County Sheriff's Offce ("County Defendants") of plaintiff, Dale Blickenstaff, and/or other witnesses identified in those depositions. (Code Civ. Proc. S 2033.300, subd. (c).) To deny Defendants County of Fresno and Fresno County Sheriff's Office's motion for summary judgment. (Code. Civ. Proc. S 437c, subd. (p)(2).) Explanation: Plaintiff's Motion to Withdraw Admissions Deemed Admitted Plaintiff m...
2023.06.07 Motion for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...ssue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of achon „ cannot be established, or that there is a complete defense to the cause of action." (Code Civ. Proc. S 437c, subd. If ...
2023.06.07 Demurrer 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ... which the complaint may be amended will run from service of the order by the clerk. In light of plaintiff's counsel's refusal to meet and confer prior to the filing of the demurrer, the court will require plaintiff to initiate and conduct a telephonic or in-person conference of the parties prior to amending the complaint. (See Cade Civ. Proc., S 430.41, subd. (c).) Plaintiffs counsel shall file with the amended complaint a declaration describing...
2023.06.01 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.01
Excerpt: ...nse on or before June 20, 2023. The supplemental briefs shall not exceed five pages in length. Explanation: The County of Fresno demurs to the complaint on several grounds, including a contention that the complaint is uncertain as to plaintiffs identity. Plaintiff cites Starbucks Corp. v. Superior Court (21%8) 158 Cal.App.4th 1436 (Starbucks), wherein the court noted the " judicial use of I Doe plaintiffs' to protect legitimate privacy rights has...

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