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2024.02.15 Demurrer, Motion to Strike 301
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.15
Excerpt: ...amended complaint within 10 days of the date of service of this minute order by the clerk. All new allegations shall be in boldface. Explanation: Plaintiff PM Transport, Inc. (“Plaintiff”) filed a Complaint regarding the lease of two trailers. The C omplaint states six causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligence; (4) unjust enrichment; (5) conversion; (6) violation o...
2024.02.14 Petition to Compel Compliance with Project Labor Agreement Up to and Including Arbitration 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.14
Excerpt: ...ement 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 agree...
2024.02.08 Motions to Set Aside Default, to Strike 720
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.08
Excerpt: ...cument included in defendant's request for judicial notice. (Evid. Code, § 452, subd. (d).) Explanation: Defendant moves to set aside his default on the ground of inadvertence, surprise, mistake, and excusable neglect under Code of Civil Procedure, section 473, subdivision (b). The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the mo...
2024.02.08 Demurrer to FAC, Motion to Strike 622
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.08
Excerpt: ...ted 30 days' leave to Þle the Þrst amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations/language in the Þrst amended complaint are to be set in boldface type. To Þnd moot defendant's motion to strike the prayer for punitive damages in light of the ruling sustaining the demurrer to all causes of action. Explanation: In California, a complaint shall contain a s...
2024.02.08 Demurrer 841
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.08
Excerpt: ...hich the complaint may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Oral argument shall be heard on Wednesday, March 20, 2024 at 3:30 p.m. in Department 503. Explanation: A party may Þle a general demurrer on claims that “[t]he pleading does not state facts su¯icient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 5...
2024.02.07 Demurrer 742
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.07
Excerpt: ... s er v i c e o f th i s o rd e r. A ll n ew all egati o n s s h a ll b e i n b o l d face. E x p l an ati o n : C ross - defendant Mutari demurs to the Þrst cross-claim for breach of contract on the ground that it fails to state a cause of action against it, as Mutari was not a party to the purchase agreement that forms the basis for the cause of action. Mutari points out that the cross-complaint only alleges a purchase agreement to buy the sub...
2024.02.07 Demurrer 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.07
Excerpt: ...e court does not concern itself with the issue of plainti¯'s p o s s i b l e d i¯iculty or inability in proving the allegations of their complaint. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572; Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) The complaint is liberally construed (Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 517; Code Civ. Proc., § 452), which “means that the reviewing court draws inferences favorable to t...
2024.02.06 Motion to Compel Deposition of PMQ 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.06
Excerpt: ...t in the total amount o $1,875. Monetary sanctions are ordered to be paid within 30 calendar days rom the date o service o the minute order by the clerk. Explanation: On January 3, 2024, this motion was continued when the parties Þled a joint statement indicating that the they had agreed to schedule the deposition or on or beore January 31, 2024. The court has not received an update rom the parties and the matter was not taken o¯ calend...
2024.02.06 Motion for Sanctions 529
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.06
Excerpt: ...Sanctions: First, plainti¯'s motion is defective, since plainti¯ never Þled or served a notice of motion as required by California Rules of Court, rules 3.1110 and 3.1112. “A notice of motion 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). The motion must also identify the party or parties bringing the motion; name the parties to wh...
2024.01.31 Motion for Leave to File SAC 082
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.31
Excerpt: ...this motion within 10 days of the clerk's service of the minute order. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justiÞed: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action o...
2024.01.23 Demurrer to FAC 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ...subd. (e).) Moving parties shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to them. Explanation: Plaintiff alleges that she was discriminated against based on her race in her employment with Omni Family Health Organization. She sues Omni and three Omni employees (Joseph Hayes, Aurora Cooper and Gloria Pacleb) for (1) hostile work environment racial harassment; failure to p...
2024.01.23 Motion for Approval of PAGA Settlement 999
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ...ction 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. Oskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative act...
2024.01.23 Motion for Settlement Approval of PAGA Claims 992
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ... 3 Cal. 5th 531, 549, citing Labor Code section 2599(1)(2) ["The 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 time 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 vio...
2024.01.18 Motion to Tax Costs, Enforce Settlement 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.18
Excerpt: ...cted to submit a proposed judgment. Explanation: Tax Costs On August 29, 2023, judgment was entered in the consolidated matter in favor of defendant Haight Brown & Bonesteel, LLP ("Defendant") and against plaintiff Hallmark Specialty Insurance Company ("Hallmark") following the granting of a motion for nonsuit. Defendant filed a memorandum of costs for $122,662.55. Hallmark seeks to tax those costs. Specifically, Hallmark objects to certain entri...
2024.01.18 Motion for Final Approval of Class Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.18
Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 16, 2024, 3:30 p.m. in Department 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 co...
2024.01.17 Motion for Preliminary Injunction 281
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.17
Excerpt: ... injunction. The matter is not being heard on an ex parte basis. A preliminary injunction may be granted any time before judgment upon affidavits that show sufficient grounds, and notice to the opposing parties. (Code Civ. Proc. S 527, subd. (a).) Generally, the complaint must set forth a cause of action for injunctive relief to support the issuance of a preliminary injunction. (See Code Civ. Proc. S 526, subd. (a)(1)-(2).) However, a preliminary...
2024.01.11 Anti-SLAPP Motion to Strike 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.11
Excerpt: ...ustin Harris only, including the language "and/or Defendant Harris" contained in paragraph 74. Explanation: Objection The court sustains the hearsay objection to paragraph 10 of the Aretakis Declaration. Ant-SLAPP A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought "primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grievances." (Code Civ. Proc., S 425.16,...
2024.01.09 Motion for Summary Judgment 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.09
Excerpt: ...or about November 5, 2020, Plaintiff, a minor, was a guest at the home of defendants Jason Mengior Pritchard Sr., Jason M Pritchard II, David Garrett and Desiree Garrett. Defendants allegedly gave alcoholic beverages to plaintiff and provided more alcohol after plaintiff was obviously intoxicated. Plaintiff left the location, apparently on foot, and was struck by a car. The parties are all in agreement that plaintiff's negligence claim relies on ...
2024.01.09 Demurrer to SAC 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.09
Excerpt: ...tate facts sufficient to constitute a cause of action, with leave to amend. Plaintiffs shall serve and file their third amended complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: CSU and the Association's Demurrer to Third Cause of Acton: Defendants demur to the third cause of action for intentional interference with contractual relationship on the ground that they are not "stran...
2024.01.04 Motion for Final Approval of Class Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.04
Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 11, 2024, 3:30 p.m. in Department 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 co...
2024.01.03 Motion to Compel Deposition of PMQ 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.03
Excerpt: ...in the total amount of $1,875. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Objections The court overrules plaintiff's objections to paragraphs 5 and 8-12 of the Brar Declaration. Motion to Compel Attendance On April 25, 2023, plaintiff served a Notice of Deposition for General Motors' ("GM") Person Most Qualified ("PMQ") for May 23, 2023. (Sanjur-Van Bra...
2023.12.21 Motion to Compel Responses, for Monetary Sanctions 100
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...(a).) Explanation: Defendant Anglican Diocese of San Joaquin's (hereinafter "Defendant) motions cannot be granted, because its service of the subject discovery: form interrogatories, special interrogatories and document requests and these motion papers is defective. Defendant indicates that it, through its former counsel Rayma Church of Church Law Group, Inc., served the subject discovery requests directly on plaintiff M.S. on September 1, 2022, ...
2023.12.21 Motion for Leave to File SAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...sion (a), "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be j...
2023.12.21 Motion for Final Approval of Class Action Settlement 591
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at December 4, 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 November 18, 2024. Explanation: "Before final approval, the court mus...
2023.12.20 Demurrer to FAC and SAC 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.20
Excerpt: ...he demurrer to the complaint and first amended complaint are rendered moot by plaintiff's filing of the second amended complaint. The court intends to sign the proposed order lodged on July 20, 2023. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle acc:ident, contending that the complaint, first amended complaint, and second amended complaint fail to state cause of action, there is a nonjoi...

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