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2023.05.31 Motion for Leave to Amend SAC, for Interlocutory Judgment of Dismissal 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.31
Excerpt: ... motion for leave to amend. To deny the motion for interlocutory judgment of dismissal of the entirety of the first amended complaint. To deny the alternative relief sought for interlocutory judgment of dismissal of the seventh and eighth causes of action of the first amended complaint. Explanation: Plaintiffs Lennice Muhammad and Julia Dudley (collectively "plaintiffs") seek leave to file an amended complaint. Defendants Tylar Property Managemen...
2023.05.25 Motion for Preliminary Approval of Class Action Settlement 624
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.25
Excerpt: ...hether 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 suffcient 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 (...
2023.05.18 Motion for Summary Adjudication, for Summary Judgment 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.18
Excerpt: ...e Company's Complaint. To deny summary judgment of Plaintiff Hallmark Specialty Insurance Company's Second Amended Complaint. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. S437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion...
2023.05.18 Motion for Pre-Trial Discovery of Financial Condition 882
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.18
Excerpt: ... subdivision (c) provides: No pretrial discovery by the plaintiff shall be permitted with respect to [defendant's financial condition] unless the court enters an order permitting such discovery pursuant to this subdivision. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this...
2023.05.18 Anti-SLAPP Motion to Strike 022
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.18
Excerpt: ...First Amended Complaint. Explanation: Meet and Confer Code of Civil Procedure section 435.5 makes it clear that meet and confer must be conducted "in person or by telephone. (ld., subd. (a).) There are limited instances in which the meet and confer requirement does not apply: 1) for an unrepresented party who is incarcerated; 2) proceedings in forcible entry, forcible detainer, or unlawful detainer; 3) an ant-SLAPP motion; and 4) a motion less th...
2023.05.17 Motion for Summary Judgment, Adjudication 861
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.17
Excerpt: ...e standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profession under similar circumstances. ' "The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice actio...
2023.05.17 Motion for Preliminary Approval of Class Action Settlement 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.17
Excerpt: ...ification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not suffcient 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. Westlaw, 2017) Section 7:3: "The parties' representati...
2023.05.17 Motion for Judgment on the Pleadings 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.17
Excerpt: ...adings in compliance with Code of Civil Procedure, section 439. Rather, he argues that meeting and conferring is not required to bring his motion, and even if so, any efforts would have been futile. The parties must engage in good faith meet and confer, in person or by telephone, as set forth in the statute. (Code Civ. Proc., S 439, subd. The moving party is not excused from this requirement unless he shows that plaintiff and cross-defendant Deli...
2023.05.11 Demurrer 622
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.11
Excerpt: ...y the clerk of the minute order. New allegations/language in the first amended complaint are to be set in boldface type. Explanation: In California, a complaint shall contain a statement of the facts constituting the cause of action, in ordinary and concise language; and a demand for judgment for the relief to which the pleader claims to be entitled. (Code Civ. Proc. 5425.10.) If the recovery of money or damages is demanded, the amount demanded s...
2023.05.10 Motion to Bifurcate Trial on Issue of Liability from Damages 562
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.10
Excerpt: ... conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the united States." (Code Civ. Proc„ S 1048, subd. (b).) Also, under Code of Civil Procedure section 598, "The court may, when ...
2023.05.10 Demurrer 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.10
Excerpt: ...gal covenant not to compete. Plaintiff points out that, under Business and Professions Code section "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." (Bus. & Prof. Code, S 16500.) "Section 16500 presently sets out the general rule in California—covenants not to compete are void. '[T]his provision [is] an expression of pu...
2023.05.09 Demurrer to FAC 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.09
Excerpt: ... (Code Civ. Proc. S 430.10, subd. (e).) Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. Explanation: First Cause of Action: Defendant Campus Pointe Commercial (CPC) demurs to the first cause of action for breach of contract on the ground that the plaintiffs have failed to state facts sufficient to constitute a valid cause of action. Defendant contends that plaintiffs have failed ...
2023.05.09 Motion to Compel Arbitration and Stay Proceedings 810
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.09
Excerpt: ...r arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, shall be valid, irrewcable, 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.) "In recognition of Congress' principal purpose of ensuring that private arbitration agreements are enforced according to their terms, we have held that the FAA pre-empts state laws which 'require a...
2023.05.09 Motion to Compel Further Responses 303
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.09
Excerpt: ...jections within 20 days of the service of this order. Monetary sanctons in the amount of $4,520 are ordered in favor of plaintiff and against defendant and its attorney, jointly and severally, payable no later than 30 court days from the date of this order, with the time to run from the service of this minute order by the clerk. Explanation: Plaintiff has moved to compel defendant Saint Agnes Medical Center to provide further responses to special...
2023.05.04 Demurrer, Motion to Strike 752
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.04
Excerpt: ...To grant the moton to strike, in part, and deny, in part. The alter ego allegations, specifically the allegations at page two, paragraph four, lines 12-19, are striken without leave to amend. The motion to strike the allegations pertaining to the aiding and abet-tng of FEHA violations is denied. (Code Civ. Proc., S 436, subd. (a).) Explanation: Demurrer • Demurrer to the Entire Complaint Ms. Simpson demurs to the entirety of the complaint on th...
2023.05.03 Motion to Quash Third Party Subpoena 771
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.03
Excerpt: ... her to discrimination and retaliation on the basis of the medical conditions of plaintiff's mother, Betty Rush ("Rush"). Plaintiff has confirmed through written discovery that she does not have a disability which required accommodation. Therefore, her claims for failure to accommodate and failure to engage in the interactive process are also based on Rush's alleged medical conditions. Motion to Quash Subpoena of Medical Records Defendant seeks R...
2023.05.02 Motion to Compel Arbitration 130
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.02
Excerpt: ...rties have not agreed 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 Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to compel arbitration bears the burden of proving by a preponderance of the evidence the existence of an arbit...
2023.05.02 Application for Default Judgment 252
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.02
Excerpt: ...er $4.7 million. Plaintiff has shown that she suffered special medical damages of over but she only seeks about apparently based on the amount that her insurance company paid for her medical costs. Yet she also admits that her insurance company only has a lien of $3,166.14 for medical costs, so it is unclear why she seeks over $39mo for medical costs. Plaintiff also seeks lost earnings to date of $82,944, plus another $642,815 in future earnings....
2023.04.27 Motion to Compel Arbitration 702
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.27
Excerpt: ...e dispute is covered by the agreement. The party opposing the motion 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.) This case is governed by the F...
2023.04.27 Motion for Reconsideration 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.27
Excerpt: ...e and serve opposition to plaintiff's Request for Pretrial Discovery Conference. Plaintiff had filed her request with the court on September 27, 2022, and served it on defendant by email that same day. Thus, per The Fresno Superior Court Local Rules, rule 2.1.17A.2, defendant had until Tuesday, October 4, 2022 (five court days) to file and serve its opposition. No opposition was filed, and on October 11, 2022, the court issued an order noting def...
2023.04.25 Motion to Compel Compliance with Subpoena 581
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.25
Excerpt: ... order by the clerk, the DPSS shall produce all documents responsive to the subpoena served on August 29, 2022, with social security numbers and third party identities redacted. To deny the motion to compel plaintiff to sign an authorization for the release of records. To deny all requests for sanctions. Explanation: Motion to Compel DPSS to Comply with Subpoena Defendant issued a subpoena for plaintiff's employment and medical records from the A...
2023.04.25 Motion for Judgment on the Pleadings 249
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.25
Excerpt: ...d, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent: (1) An agreement that by its terms is not to be performed within a year from the making thereof." (Civ. Code, S 1524, subd. (a)(l).) Thus, "[aln oral agreement that by its terms is not to be performed within a year from the making thereof is invalid." (Gressley v. Williams (1961) 193 Cal.App.2d 636, 640, internal c...
2023.04.25 Demurrer to SAC 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.25
Excerpt: ...he minute order by the clerk. Explanation: On December 16, 2021, this court sustained defendant's demurrer to plaintiff's original complaint, with leave to amend, except that leave to amend was not granted to state a petition for a writ of mandate. The court found that, among other things, the original complaint failed to state facts to support the purported causes of action for workplace discrimination and retaliation. On December 27, 2021, plai...
2023.04.20 Motion for Preliminary Approval of Class Action Settlement 591
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.20
Excerpt: ...h 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. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whether certification is appr...
2023.04.20 Demurrer 212
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.20
Excerpt: ...d cause of action, with leave to amend, as directed in the explanation below. Plaintiff is granted 10 days' leave to file the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Quiet Title Plaintiff concedes that there is no cause of action stated in the complaint for quiet title. Thus, all defendants are demurring to is surplusage in the compl...
2023.04.18 Motion to Compel Responses, to Deem RFAs Admitted 921
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.18
Excerpt: ...), and Request for Production of Documents (Set One). Plaintiff Novalee Solis is ordered to serve verified responses, without objections, to defendant within 30 days of service of the minute order by the clerk. To grant defendant Walmart, Inc.'s request to deem Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admitted unless plaintiff Novalee Solis serves, before the he...
2023.04.13 Motion for Summary Judgment, Adjudication 429
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.13
Excerpt: ...the court's signature within 10 days of the date of service of this order. Explanation: Plaintiff alleges two causes of action against the Clovis Rodeo Association based on general negligence and premises liability. Plaintiff alleges that she went onto the Clovis Rodeo grounds after midnight with a cowboy who was a participant in the rodeo in order to take a picture of a horse. She went into a trailer where the horse was being kept, and the horse...
2023.04.13 Motion for Summary Adjudication 199
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.13
Excerpt: ...te an auto repair business, with the oral agreement being that even though title would be taken the Morenos' names, plaintiff would make the payments on the property (mortgage, insurance, taxes, and maintenance), and the Morenos would just "hold title" in their name for plaintiff's convenience. This alleged agreement (the "Moreno Agreement") has spawned two legal action and years of litigation, with this achon commenced in 2016. At one point the ...
2023.04.12 Motion to Enter Corrected Judgment of Partition 620
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.12
Excerpt: ...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) 10 Cal.2d 709, 713- 714.) The court also retained jurisdiction to make further orders as needed to enforce the judgment. (Stipulated ...
2023.04.06 Motion for Approval of PAGA Settlement 220
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.06
Excerpt: ...ttlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc., (2021) 72 Cal.App.5th 56, did provide some guidance. The court explained that "many federal district courts have applied the 'fair, rea...
2023.04.05 Motion for Preliminary Approval of Class Action Settlement 821
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.05
Excerpt: ...else has to be proven, with admissible evidence, in order for due process concerns to be met. The Due Clause requires that the named plaintiff at all times adequately represent the interests of the absent class (Phillips Petroleum Co. v. Shutts (1985) 472 U.S. 797, 812.) The certification pruess ensures that is the case. This is a basic constitutional requirement which applies to all class actions, federal and state. "Confronted with a request fo...
2023.03.30 Motion to Admit Truth of Facts, for Monetary Sanctions 471
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.30
Excerpt: ...tal amount of $210 against defendant Maria Mauricio and Martinez, Dieterich & Zarcone Legal Group, 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 sanctions in the total amount of $630 against defendant Jose Luis Garcia Alcala and Martinez, Dieterich & Zarcone Legal Group, jointly and severally, payable within 20 days o...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.30
Excerpt: ...nt 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. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whether certifi...
2023.03.30 Demurrer to FAC 192
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.30
Excerpt: ...es of action, for negligence and for declaratory relief. In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of university of California (2008) 44 Cal.4th 876, 883.) On demurrer, the court must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory. (Barquis v....
2023.03.29 Motion to Compel Further Responses, for Sanctions 529
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.29
Excerpt: ...o request 24 without objections within 20 days of the date of service of this order. Any responsive documents shall be unredacted. To deny defendant's motion for sanctions against plaintiff and her counsel. (Code Civ. Proc. S 128.7.) Explanation: Plaintiff's Motion to Compel Further Response: First, to the extent that defendant argues that the court lacks jurisdiction to hear plaintiff's motion because plaintiff's counsel did not timely serve the...
2023.03.16 Motion to Compel Responses, for Monetary Sanctions 002
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.16
Excerpt: ... Bourn Family LLC's motions to compel for Form Interrogatories—Economic Litigation (Set One), Form Interrogatories—General (Set One), Special Interrogatories (Set One), and Request for Production (Set One). To grant defendant Bourn Family LLC's request to deem Requests for Admissions (Set One) admitted. The truth of the matters specified in the Requests for Admissions are to be deemed admitted unless plaintiff Valerie Gonzales serves, before ...
2023.03.15 Motion to Set Aside Dismissal 912
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.15
Excerpt: ...e at bench on April 9, 2021. "After six months from entry of default, a trial court may still vacate a default on equitable grounds even if statutory relief is unavailable." (Rappleyea v. Campbell, supra, 8 Cal.4th 975, 981 (Rappleyea).) Equitable grounds include extrinsic fraud and mistake. (Ibid.; Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 736 (Aldrich).) Although "the terms 'fraud' and 'mistake' have been given a broa...
2023.03.15 Motion for Preliminary Approval of Class Action Settlement 624
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.15
Excerpt: ...iminary 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. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for...
2023.03.14 Motion to Compel Arbitration and Stay Pending Arbitration 061
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.14
Excerpt: ...me with certain warranties. Problems with the vehicle ensued which form the basis of the instant complaint for damages. Plaintiffs brought seven causes of acton against defendant Nissan North America, Inc. for negligent repair and failure to replace the vehicle. All of the causes of action against defendant comprise alleged breaches of Civil Code, section 1790 et seq. regarding consumer warranties, and fraud by omission that defendant was aware o...
2023.03.09 Motion for Judgment on the Pleadings 041
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.09
Excerpt: ... be amended will run from service of the order by the clerk. All new allegations shall be in boldface font. Explanation: On December 29, 2016 plaintiff purchased a new 2016 Hyundai Veloster from Lithia Hyundai of Fresno, which vehicle was manufactured or distributed by defendant Hyundai Motor America ("HMA"). Problems with the vehicle ensued, specifically with the 1.6L Gamma engine, and this "lemon law" action was filed on April 13, 2021, against...
2023.03.02 Motion to Stay, Demurrer, Motion to Stay, to Compel Further Responses 462
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.02
Excerpt: ...ant the motions to stay. This action is stayed pending the outcome of the appeals of the judgment of the underlying matter, Nicholas Merlo v. Pristine Surgery Center, Inc., Fresno Superior Court Case No. 18CECG03026, consolidated under Appeal No. F083804. To grant defendants' requests for judicial notice. To take the demurrer and motion to compel further responses off calendar in light of the ruling on the motions to stay. The parties shall infor...
2023.03.02 Demurrer to TAC 201
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.02
Excerpt: ... leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant defendants Freitas and Sea Pine Ventures' motion for judgment on the pleadings as to the first cause of action in the third amended complaint for failure to state facts sufficient to constitute a cause of action, without leave to amend. (Code Civ. Proc. § 438.) To deny defendants' motion as to the third cause of action. Plaintiffs shall serve and file their fourth amended complain...
2023.03.01 Motion to Deem RFAs Admitted, for Monetary Sanctions 491
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.01
Excerpt: ...Production of Documents; and for Monetary Sanctions Tentative Ruling: To grant and to award monetary sanctions in the total amount of $750 against plaintiff Tiernan Deedon, and plaintiff's attorney 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. The matters specified in defendant Mikhail Safwat, aka Safwat Michael's (“Mr. Safwat”...
2023.02.28 Demurrer 909
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.28
Excerpt: ...ratory relief filed September 29, 2021. Plaintiffs seek to declare title to and the sale of real property in Fresno known as 7212 W. Belmont Avenue (“7212 Property”) and 7182 W. Belmont Avenue (“7182 Property”). Demurrer Generally 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 stati...
2023.02.23 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ...rifications to his responses to Special Interrogatories, Set Two and Request for Production, Set Two, no later than 30 days from the date of this order, with the time to run from the service of this minute order by the clerk. The matters specified in plaintiff's Request for Admission, Set One, are deemed admitted, unless plaintiff serves, before the hearing, a proposed response to the requests for admission that is in substantial compliance with ...
2023.02.23 Motion for Leave to File Complaint 571
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ...lames BBQ, pursuant to Code of Civil Procedure sections 428.10, 426.50 and 428.50.1 Defendant contends that it seeks to state a claim against a third-party, Rollin Flames, BBQ. Plaintiff opposes on the grounds that Rollin Flames BBQ is plaintiff's fictitious business name, and has always been run as a sole proprietorship. (Aguilar Decl., ¶¶ 2- 3.)2 Whether the cross-complaint states a claim against an existing party or a third-party, and thus w...
2023.02.23 Motion for Approval of PAGA Settlement 441
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ...he court.” (Lab. Code, § 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc., (2021) 72 Cal.App.5th 56, did provide some guidance. The court explained that “many federal district courts have applied the ‘fair, reasonable, and adequate' standard from class action cases to evaluate PAGA sett...
2023.02.23 Demurrer to FAC 671
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ... service by the clerk of the minute order. All new allegations in the Second Amended Complaint are to be set in bold type. To overrule the demurrer to the Second Cause of Action To sustain the demurrer to the Fifth Cause of Action. Plaintiff is given leave to amend on the condition that he is able to allege compliance with the Tort Claims Act. If plaintiff chooses to further amend, he is allowed 30 days' leave to file a Second Amended Complaint. ...
2023.02.22 Motion to Tax Costs 632
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.22
Excerpt: ...32, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 o...
2023.02.22 Motion to Tax Costs 311
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.22
Excerpt: ...32, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 o...
2023.02.16 Motion to Compel Responses, Deposition 972
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.16
Excerpt: ...on, Set One Plaintiff's Motion to Compel Defendant to Provide Verifications to Form Interrogatories, Set Two Plaintiff's Motion to Compel Defendant to Provide Verifications to Special Interrogatories, Set Two Plaintiff's Motion to Compel Defendant to Provide Verifications to Requests for Production, Set Two Plaintiff's Motion to compel Defendant to Provide Verifications to Requests for Admission, Set Two Plaintiff's Motion to Compel Deposition of...
2023.02.15 Motion to Compel Further Responses, to Deem RFAs Admitted 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.15
Excerpt: ... deny Defendants' motions to compel responses to form interrogatories, special interrogatories, production of documents and requests for admissions admitted, as verified responses have been provided. To grant Defendants' sanctions. Plaintiff is ordered to pay monetary sanctions in the amount of $1,325 to the Freeman Law Group within 30 days. (Code Civ. Proc. §§ 2023.010, 2033.280.) To deny Plaintiff's request for sanctions. To deny the Request ...
2023.02.15 Motion for Summary Adjudication and Summary Judgment 019
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.15
Excerpt: ...th and seventh causes of action in his complaint. (Code Civ. Proc. § 437c.) To deny plaintiff's motion for summary judgment as to defendants' cross-complaint. (Ibid.) Explanation: Plaintiff's Motion for Summary Adjudication of Plaintiff's Sixth and Seventh Causes of Action: Plaintiff moves for summary adjudication of the sixth and seventh causes of action of his complaint, which seek a determination that defendants Moghaddam and Najjaran are alt...
2023.02.15 Demurrer to Petition to Disqualify Party-Appointed Appraiser 329
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.15
Excerpt: ....) Explanation: Petitioner California FAIR Plan Association is the insurer of the home owned by Respondent Amanda Arteno. On September 6, 2020 the home sustained fire and smoke damage and Respondent submitted a claim for the loss under the insurance policy issued by Petitioner. A contractor hired by Respondent prepared an estimate for the cost to repair the damages and return the property to its pre-loss state. The contractor's estimate is signif...
2023.02.09 Motion to Confirm Arbitrator's Award 111
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.09
Excerpt: ...ator's award. (Code Civ. Proc., § 1285.2.) If oral argument is timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: Under Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) “A response to a petition under this chapter may request the court t...
2023.02.09 Motion to Compel Arbitration 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.09
Excerpt: ...timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: Under the Federal Arbitration Act (“FAA”), A written provision in … 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 enforceable, save ...
2023.02.09 Motion for Final Approval of Class Settlement 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.09
Excerpt: ... timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certific...
2023.02.08 Motion to Tax Costs 290
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.08
Excerpt: ... § 1032, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items of allowable costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a), and disallowed costs are set forth in subdivision (b). Items not expressly mentioned in the statute “upon application may...
2023.02.08 Motion for Preliminary Approval of Class Action Settlement 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.08
Excerpt: ...1. Class Certification a. Standards First, the court must determine whether 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.Ap...
2023.02.07 Demurrer, Motion to Strike 162
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.07
Excerpt: ...ave to amend as to plaintiffs Leslie Trew and Najib Allabadi. To grant leave to amend as to plaintiff Zade Allabadi. To grant the motion to strike the prayer for attorney's fees, as improperly alleged. (Code Civ. Proc., §§ 435, 436.) To deny leave to amend to seek attorney's fees. Plaintiffs shall serve and file their first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. To order ...
2023.02.02 Motion for Summary Judgment, Adjudication 052
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.02
Excerpt: ...15 Cal.App.4th 1205, 1207.) The court 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...
2023.02.01 Motion for Terminating and Monetary Sanctions 036
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.01
Excerpt: ... process” to include “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or atto...
2023.02.01 Motion for Summary Adjudication 310
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.01
Excerpt: ...intiff's claim for violation of the Federal Locomotive Inspection Act (“LIA”), 49 U.S.C. § 20701, et seq. under the Federal Employers' Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Under 45 U.S.C. section 51, Every common carrier by railroad while engaging in commerce between any of the several States or Territories, … shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, �...
2023.01.31 Motion to Set Aside Default 321
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.31
Excerpt: ...ey licensed to practice in California. Explanation: Defendants move to set aside their defaults, entered on July 25, 2022, pursuant to the discretionary relief afforded under Code of Civil Procedure section 473, subdivision (b), on the grounds of inadvertence, surprise, mistake, or excusable neglect. The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against ...
2023.01.26 Motion for Summary Judgment, Adjudication 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.26
Excerpt: ... for summary judgment bears the initial burden to show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense thereto. (Code Civ. Proc. § 437c, subd. (o)(2). Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) If defendant carries this initial burden of production, the burden of production shifts to plaintiff to show that a triable issue of material fact exists. Plaintiff ...
2023.01.25 Motion to Strike 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.25
Excerpt: ...al.App.2d 528. In Oliver v. The Swiss Club Tell, supra, 222 Cal.App.2d 528, 533, an unincorporated association was sued and answered, stating the answer was on behalf of the “The Swiss Club Tell,” an unincorporated association, “if any such organization exists.” (Ibid. at 533.) Plaintiff failed to appear at the hearing where summary judgment was granted to defendant. That judgment was reversed on appeal and the court held the case should ...
2023.01.24 Motion to Grant and Strike Costs 943
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Excerpt: ...ts on appeal, seeking $91.10 for Item 1 filing fees, and $1,363.68 for Item 6 “Transmitting, filing, and serving of record, briefs, and other papers.” CVC moves to tax Item 6, contending this cost is excessive and unreasonable because “[i]t is impossible to determine from the face of the Memorandum of Costs why the claimed costs are in excess of the amounts listed on the Appellate Court Register of Actions page for the case and whether the ...
2023.01.24 Demurrer 012
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Excerpt: ...e a cause of action, without leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To overrule the demurrer of defendants California Correctional Health Care Services (CCHCS) and Tveritina to the first cause of action. To sustain the demurrer of CCHCS and Tveritina to the second cause of action, for failure to state facts sufficient to constitute a cause of action. To deny leave to amend the second cause of action as to CCHCS, but to grant leav...
2023.01.19 Motion to Expunge Lis Pendens 982
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Excerpt: ...ting a real property claim. (Code Civ. Proc., § 405.1.) A real property claim is an action, “which would, if meritorious, affect … title to, or the right of possession of, specific real property ….” (§ 405.4.) In addition to grounds not asserted here, a lis pendens may be ordered expunged upon a finding that the claimant cannot establish probable validity to their claim. (Code Civ. Proc., § 405.32; Defs. Points & Auth. at p. 5:13‐18....
2023.01.19 Motion for Judgment on the Pleadings 982
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Excerpt: ...defendant's failure to demonstrate compliance with Code of Civil Procedure section 439, subdivision (a), which requires defendant to meet and confer prior to filing a motion for judgment on the pleadings. The parties must engage in good faith meet and confer, in person or by telephone. (Code Civ. Proc. § 439, subd. (a).) The court's normal practice is to take such motions off calendar, subject to being re‐calendared once the parties have met a...
2023.01.18 Motion to Expunge Lis Pendens, Attorney Fees 271
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Excerpt: ...ce to support the requested amount of fees and costs. (Code Civ. Proc. § 405.38.) Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The c...
2023.01.18 Motion to Bifurcate Punitive Damages 142
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Excerpt: ...sses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to av...
2020.11.10 Demurrer 758
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.11.10
Excerpt: ...ard on Friday, November 13, 2020, at 8.30 a.m., in Dept. 54. Explanation: Demurrer ‐ General Standard of Ruling “The rule governing pleading in this state is that a plaintiff need only ‘set forth the ultimate facts constituting the cause of action, not the evidence by which [the] plaintiff proposes to prove those facts' [Citation].” (Knox v. Dean (2012) 205 Cal.App.4th 417, 431.) Further, “[w]e treat the demurrer as admitting all materi...
2020.03.19 Motion for Summary Judgment, Adjudication 360
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.19
Excerpt: ... Foster Farms' motion for summary judgment. Defendant Foster Farms is directed to submit to this court, within 5 days of service of the minute order, a judgment consistent with the court's order. Explanation: In the case at bar, plaintiff alleges six causes of action: (1) discrimination on the basis of race/nationality and disability in violation of the FEHA; (2) failure to provide reasonable accommodations [FEHA]; (3) failure to engage in intera...
2020.03.18 Motion for Approval of PAGA Settlement and Release 326
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.03.18
Excerpt: ...nsideration being paid for the release of those claims represents a reasonable compromise.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal. App. 4th 116, 133.) In Clark v. American Residential Services, LLC (2009) 175 Cal. App. 4th 785, the Court of Appeal stated that, “[the] court [must] receive and consider sufficient information on a core legal issue, affecting the strength of the case for plaintiffs on the merits, to make the requisit...
2020.03.17 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 ...
2020.03.17 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 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 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...
2020.03.12 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 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...
2020.02.05 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...
2020.02.04 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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