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2024.04.10 Demurrer, Motion to Strike 802
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ... of the service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of action for "Fraudulent InducementConcealment” on the basis that it is barred by the three -year statute of limitations. (Code Civ. Pr oc. § 430.10, subd. (e).) Plaintiff purchased a 2020 Chevrolet Silverado 1500 truck on February 8, 2020 and this action was not filed until May 11, 2023. Defendant conten...
2024.04.10 Demurrer, Motion to Strike 022
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ...st 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 p ossible difficulty 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 aga...
2024.04.10 Demurrer to FAC 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ... of the min ute order, a proposed judgment dismissing the first amended complaint as to the demurring defendant. 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 Cod e of Civil Procedure section 340.1. S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the defendants' legal custody, care, and contro...
2024.04.09 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ...he court previo usly denied the motion on the basis that defendant did not meet its burden to establish the independent contractor relationships between the parties. Defendant now moves for summary judgment or, alternatively, summary adjudication on the issue of its duty to plaintiffs with evidence obtained after the court ruled on the initial motion. (Code Civ. Proc. § 437c, subd. (f)(2).) Plaintiffs objection to hearing the second motion on it...
2024.04.09 Motion for Dismissal, for Judgment on the Pleadings 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ... grant defendants Fresno County Economic Opportunities Commission and Brian Angus's motion for dismissal. Defendants Fresno County Economic Opportunities Commission and Brian Angus are directed to submit a proposed judgment within five days of service of the minute order consistent with the order. To deny the motion for judgment on the pleadings of the entirety of the second amended complaint. To grant the motion to bifurcate trial into a liabil...
2024.04.09 Demurrer, Motion to Strike 431
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ..., a nd 71 of the complaint. To deny the motion to strike the “Introduction and Summary of Case” from the complaint. To grant the motion to strike the references to attorney's fees from paragraphs 33, 38, 44, 52, 58, 64 of the complaint, and the prayer for re lief on the second cause of action, paragraph 8, the prayer for relief on the third cause of action, paragraph 7, the prayer for relief on the fourth cause of action, paragraph 8, the pra...
2024.04.09 Demurrer 241
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ...ded Complaint. The time in which the First Amended Complaint can be amended will run from service by the clerk of the minute order. All new allegations in the First Amended Complaint are to be set in boldface type. Explanation: Defendants demur to each cause of action asserted in the complaint for failing to state facts sufficient to state a claim and uncertainty. First Cause of Action – Discrimination Government Code section 12940, subdivision...
2024.04.04 Motion for Summary Judgment, Adjudication 502
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.04
Excerpt: ... 1207.) The cou rt does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is...
2024.04.04 Motion for Attorney Fees 210
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.04
Excerpt: ... nonmeritorio us litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a).) Plaintiff/crossdefendant prevailed on her anti -SLAPP motion as to the defendants/cross -complainants' cross complaint. The prevailing defendant on a special motion to strike “shall be entitled” to recover his or her attorney fees and costs, and this fee award is mandatory. (C...
2024.03.28 Motion to Deem RFAs Admitted, to Strike Answer 532
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.28
Excerpt: ..., 2024, a t 3:30 p.m., in order to allow the parties to meet and confer in person or by telephone, as required. If this resolves the issues, plaintiff's counsel shall call the court to take the motion off calendar. If it does not resolve the issues, plaintiff's coun sel shall file a declaration, on or before Wednesday, May 1, 2024, stating the efforts made. To grant and to award monetary sanctions in the total amount of $680 against defendant Sa...
2024.03.21 Motion for Summary Judgment, Adjudication 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21
Excerpt: ...d to submit to this court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To deny Dr. Levine's motion. Explanation: The plaintiffs, Dr. Sarah Yost and Kelly Yost, sued two surgeons, Dr. Derek Taggard a nd Dr. Nicholas Levine, and Fresno Community Hospital and Medical Center dba Community Regional Medical Center and Community Health System ("CRMC") after Dr....
2024.03.21 Motion to Compel Arbitration 220
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21
Excerpt: ... ag reement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the...
2024.03.21 Motion to Compel Arbitration and Stay Proceedings 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21
Excerpt: ...the mo tion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413- 414; Hotels Nevada v. L.A. Pacific Ctr. , Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcio...
2024.03.20 Motion for Waiver of Bond Requirement 672
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.20
Excerpt: ... to stay e nforcement of the money judgment against them individually together with their employer the County of Fresno. “Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgm ent or order is for any of the following: [¶] (a) Money or the payment of money … .” (Code Civ. Proc. § 917.1, subd. (a).) Code of Civil Procedure section 995.220, states in re...
2024.03.19 Motion to Deem Truth of Facts, for Monetary Sanctions 471
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19
Excerpt: ... this o rder, with the time to run from the service of this minute order by the clerk. The matters specified in plaintiff's Requests for Admission, Set One, propounded on defendant Jose Lopez dba Jose's Lawns (“defendant”) are deemed admitted, unless defendant se rves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with the Code of Civil Procedure, section 2033.220. Defendant shall ser...
2024.03.19 Motion for Summary Judgment, Adjudication 859
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19
Excerpt: ...ng (“DEFH”) issued a right to sue notice on July 6, 2021, which required plaintiff to commence a court action within one year from that date. Plaintiff has provided competing evidence, however, demonstrating that DFEH issued a right to sue notice on July 8, 2022 whic h addressed previous as well as newly alleged incidents. Measured from the July 8, 2022 right to sue notice, plaintiff's complaint is timely. Yet, Neil Jones' reply brief does no...
2024.03.14 Motion to Expunge Lis Pendens 019
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ... Offi ce. Defendants' counsel is to prepare proposed orders for the court to include this information, which shall be provided by plaintiff's counsel. To grant defendants attorney's fees in the sum of $2,063.75. (Code Civ. Proc., § 405.30.) Plaintiff shall pay the attorney's fees to defendants' attorney within 30 days of service of the order by the clerk. Explanation: A lis pendens may be expunged on the grounds of 1) a void and invalid lis pend...
2024.03.14 Motion to Enforce Settlement Agreement and Enter Judgment, for Attorney Fees 071
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...te, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “If the court determines that the parties entered i...
2024.03.14 Motion to Approve Revised PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...ttorney F ee Split Agreement. To approve the requested settlement administration fees of $4,250 to Phoenix Class Action Admiration. Explanation: Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governm ent itself, a judgment in that action binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government. The act author...
2024.03.14 Demurrer, Motion to Strike 281 (2)
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...nt (the "FAC") that he purchased a 2018 Chevrolet Silverado (the "Vehicle") on April 5, 2019. The plaintiff alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information , including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the pub...
2024.03.13 Motion to Compel Arbitration and Stay Proceedings 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13
Excerpt: ...�� a contract evidencing 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, irrevocable, and enf orceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ensuring that private arbitr...
2024.03.13 Motion to Compel Arbitration 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13
Excerpt: ...reed to arbitrate.” (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 H ealth 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 cla...
2024.03.12 Motion to Strike Punitive Damages from SAC 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12
Excerpt: ...gations shall be in boldface. Explanation: Defendant General Motors, LLC (“Defendant”) moves to strike the prayer for punitive damages from the Second Amended Complaint (“SAC”).1 Defendant argues that punitive damages are not authorized under the Song -Beverly Consumer Warranty Act, and unsupported by the allegations to satisfy Civil Code section 3294. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively “Plaintiffs”) ag...
2024.03.12 Motion to Enter Corrected Judgment of Partition 620
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12
Excerpt: ...to enter a corrected judgment because the original judgment incorrectly states that defendant Charmla Capanaro has a 3.5% interest in the property, when in fact she has a 4% interest. Also, Charmla has now passed away, so the judgment needs to be corrected to substitute her testate and intestate successors as the property owners in her place. The court does have the power to correct clerical errors in its judgment. (In re Goldberg's Estate (1938)...
2024.03.12 Demurrer, Motion to Strike to FAC 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12
Excerpt: ... acti on and the prayer for attorney's fees. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the general demurrer to the sixth and seventh causes of action. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To deny the motion to strike. To grant defendant's request...

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