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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 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...
2023.09.12 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 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...
2023.09.07 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...
2023.09.07 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...
2023.09.06 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 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...

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