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2019.7.25 Demurrer 666
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.25
Excerpt: ...laint show the cause of action is barred by the statute of limitations, a general demurrer lies. (It is not ground for special demurrer.) (Saliter v. Pierce Bros. Mortuaries (1978) 81 Cal.App.3d 292, 300.) Various statutes of limitations apply here depending on the cause of action, including the new causes of action in the proposed amended complaint. Breach of any oral agreements (such as the "handshake" agreement alleged in Complaint ¶ ...
2019.7.18 Demurrer, Motion to Stay Action 326
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.18
Excerpt: ...Explanation: Demurrer: A demurrer under section 430.10, subdivision (c), is essentially a plea in abatement. “A plea in abatement pursuant to section 430.10, subdivision (c), may be made by demurrer or answer when there is another action pending between the same parties on the same cause of action. In determining whether the causes of action are the same for purposes of pleas in abatement, the rule is that such a plea may be maintained only whe...
2019.7.18 Demurrer 715
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.18
Excerpt: ...mpliance is not required. Any First Amended Complaint must be filed within ten (10) court days of this order and any new or changed allegations are to be set forth in boldface typeset. To deny the request for attorney's fees raised by the Defendants in their reply brief. 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 i...
2019.7.16 Motion to Strike Costs, to Tax Costs 256
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.16
Excerpt: ...ant. To tax costs in the amount of $10,240. To award Pacific Plastics costs in the amount of $5,316.78. Explanation: 1. Pacific Plastics' Motion to Strike Pacific Plastics argues that Western Ag is not entitled to costs. First, it argues that costs are inappropriate because Western Ag is not the “prevailing party.” However, Western Ag was a cross‐defendant in whose favor a dismissal of the cross‐complaint was entered, and as such, it is a...
2019.7.11 Motion to Quash Service of Summons 650
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.11
Excerpt: ...vice of process or in any other manner in compliance with CCP § 416.10. Explanation: On February 26, 2018, Plaintiffs, in pro per, filed a complaint alleging that Defendant West Coast Towing unlawfully towed their vehicle at the improper request of Defendant Avery Apartment. They further assert that property was missing from the vehicle upon its retrieval. On March 23, 2018, an Answer was filed by Avery Apartment. On March 28, 2018 and on August...
2019.7.11 Motion to Consolidate, to Set Aside Default 326
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.11
Excerpt: ...the motion to set aside default of defendant Juan Miramontes, with said defendant granted 20 days' leave to file his responsive pleading to the complaint. The time in which said pleading can be filed will run from service by the clerk of the minute order. Explanation: Motion to Set Aside Default The motion was timely filed. (Davis v. Thayer (1980) 113 Cal.App.3d 892, 901 [interpreting the six‐month time limit in section 473 to equal 182 days].)...
2019.7.11 Motion for Summary Judgment 419
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.11
Excerpt: ...und that plaintiffs' amendment to add him in place of a Doe defendant is ineffective and thus plaintiffs' claims against him are barred by the twoyear statute of limitations. (Code Civ. Proc. § 335.1.) He contends that plaintiffs have known his identity and role in the accident since the filing of the original complaint, and therefore their amendment to add him as a defendant does not “relate back” to the date of filing of the original compl...
2019.7.11 Motion for Protective Order 169
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.11
Excerpt: ... the corporate designee need acquire all information available to the company, through company sources, not outside counsel, with a further four hours for deposition. To order that deposition be taken in Fresno or that defendant pay the fees of plaintiff's attorney for travel time to attend elsewhere, in addition to said counsel's travel costs, said deposition to be completed by August 1, 2019. To overrule all objections to the PMK Topics 1 throu...
2019.7.2 Motion for Trial Setting Preference 352
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.7.2
Excerpt: ...ourt's satisfaction that: (1) they have a “substantial interest in the action as a whole”; and (2) their health is “such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subds. (a), (c)(2).) The court has discretion to determine the extent of moving party's interest and to find as a matter of fact the risk posed of that party's death or incapacity if tr...
2019.6.27 Demurrer 395
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.27
Excerpt: ...al.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Action Under Civil Code §3342. Civil Code §3342 provides that the “owner of any dog is liable for the damages suffered by the dog while in a public place.” Defendant argues that the First Amended Compl...
2019.6.26 Motion for Leave to Intervene and File Complaint in Intervention 001
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.26
Excerpt: ...n within 10 days of service of this minute order by the clerk. (Code Civ. Proc. §387(d).) Explanation: A suspended corporation may not sue or defend itself against a lawsuit. (Rev. & Tax Code §23301.) “The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking ...
2019.6.25 Motion for Leave to File Amended Complaint 175
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.25
Excerpt: ...acts. (Code Civ. Proc. § 464; Flood v. Simpson (1975) 45 Cal.App.3d 644, 647.) Explanation: While leave to amend a pleading is generally liberally granted, here it appears that plaintiff is actually seeking to supplement his first amended complaint with new facts and new causes of action based on events that occurred after the filing of the prior complaints. Thus, plaintiff is actually seeking to file a supplemental complaint, not an amended com...
2019.6.20 Motion to Dismiss 750
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.20
Excerpt: ...two years after the action is commenced if to do so appears to the court appropriate under the circumstances. (Code Civ. Proc., § 583.410, subd. (a) & Code Civ. Proc., § 583.420, subd. (a)(1).) The criteria which a court must use to determine whether to grant a motion to dismiss under Code of Civil Procedure sections 583.410, subdivision (a) and 583.420, subdivision (a)(1) are set forth in California Rules of Court, rule 3.1342, subdivision (e)...
2019.6.20 Intervenor's Motion to Set Aside Dismissal 244
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.20
Excerpt: ...(d) of Code of Civil Procedure section 473 permits the court to “correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” “Section 473 empowers a trial court to set aside any judgment or order that is void as a matter of law … or otherwise because the judgment or order violat...
2019.6.18 Demurrer, Motion to Strike 165
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.18
Excerpt: ...�Prime Cross‐ Complaint”) 3) Sierra Vista's Motion to Strike Portions of the Answer to the Cross‐ Complaint (the “Sierra Vista Cross‐Complaint”) Tentative Ruling: To overrule the demurrer in its entirety. To grant the motion to strike FRI's answer to the Sierra Vista Cross‐Complaint, but to grant FRI 30 days' leave to obtain representation by an attorney, to file evidence that its corporate status has been restored to “active” a...
2019.6.18 Writ of Possession 205
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.18
Excerpt: ...was 14 months ending on March 1, 2018. On January 3, 2018, Plaintiff notified the Defendant that he was in default in the amount of $76,250. On June 1, 2018, Plaintiff served another notice of default. At that time, the Defendant owed $103,250. Defendant remained in default. On June 19, 2018, the Plaintiff filed a complaint alleging causes of action for breach of contract, “intentional tort”, and “claim and delivery.” On January 10, 2019,...
2019.6.13 Motion to Contest Application for Determination of Good Faith Settlement 825
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.13
Excerpt: ...onsistent with the equitable objectives of the statute.” (Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, 499‐500) The application will be granted and the settlement between Mr. Hernandez and the Plaintiff will be determined to be in “good faith” pursuant to CCP § 877.6(a)(2). Explanation: Background On May 27, 2017, Plaintiff was driving a 2016 Polaris Crew XP Utility Task Vehicle (aka UTV). She was wearing a helme...
2019.6.13 Motion for Terminating or Evidentiary Sanctions, to Reopen Discovery 450
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.13
Excerpt: ...ry sanctions, monetary sanctions, and/or to re‐open discovery and continue trial, as well as the alternative motion to disqualify defense counsel. To deny defendants' request for monetary sanctions against plaintiffs and their counsel. Explanation: First of all, this is not a normal motion for terminating, issue, evidentiary or monetary sanctions based on the opposing party's abuse of the discovery process under the Discovery Act. There is no i...
2019.6.12 Motion for Consolidation 335
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.12
Excerpt: ...section 1048(a) states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." Neither of these matters involves a certified class. Thus there are no class members in commo...
2019.6.6 Motion to Set Aside Default 850
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.6
Excerpt: ...position to the motion appears in the Court's files.] Defaults are disfavored and any doubts existing as to setting aside a default should be resolved in favor of a hearing on the merits. (Berman v. Klassman (1971) 17 Cal.App.3d 900, 910.) Reversal is particularly appropriate where relieving the default will not seriously prejudice the opposing party. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 235 (superseded by statute on other grounds as ...
2019.6.6 Demurrer 150
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.6
Excerpt: ... nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff. (Judicial Council of Cal. Civ. Jury Instns. (Sept. 2018 rev.) CACI No. 300; see also Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388.) Here, plaintiffs adequately allege breach of contract. First, plaintiffs allege that on December 8, 2017, the parties entered into an oral agreement wherein defendant promised that all r...
2019.6.6 Demurrer, Motion to Strike 260
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.6
Excerpt: ...l be filed and served within 10 days of the clerk's service of this minute order. New allegations shall be in boldface type font. Explanation: Timeliness of Demurrer and Motion to Strike Plaintiff opposes the demurrer and motion to strike on the grounds that they were untimely served. Code of Civil Procedure section 1005, subdivision (b), provides that “all moving and supporting papers shall be served and filed at least 16 court days before the...
2019.6.5 Motion for Stay of Proceedings 965
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.5
Excerpt: ...pending in the Supreme Court. Nor does it appear that there is any reason for the court to stay the action under its discretionary power. It appears that plaintiff is arguing that he cannot proceed with his case until he obtains certain documents that he sought through the subpoena duces tecum, but he fails to explain exactly which documents he needs to obtain or why he needs to stay the action until he can obtain relief from the Supreme Court. T...
2019.6.4 Petition for Minor's Compromise 935
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.6.4
Excerpt: ...der with language directing that the net settlement money be deposited into a blocked account for the benefit of the minor. Explanation: In general, the petitions appear to be in order. However, petitioner has requested that the court order the entire net settlement sum for Aaron to be paid directly to him rather than being deposited into a blocked account at a bank. The net settlement is only $900, and petitioner argues that this “nominal amou...
2019.5.30 Motion to Strike Statement of Decision 395
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.30
Excerpt: ...the Court would have signed one. That is the situation that arose here, with each side submitting its own proposed statement of decision, without the other party's having signed off on it. The Court signed Defendant's proposed statement of decision. Moving party fails to provide adequate authority to grant the relief requested under these circumstances. Accordingly, Plaintiff's motion to strike Defendant's statement of decision is denied. Pursuan...
2019.5.30 Motion to Issue Peremptory Writ of Mandate, Request for Stay of Decision 786
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.30
Excerpt: ...suance of Writ of Mandate: Judicial review of an agency decision by administrative mandamus is available where the agency was required “by law” to conduct an evidentiary hearing. (Code Civ. Proc., § 1094.5, subd. (a).) An evidentiary hearing is required “by law” if it is required by a statute (other than the APA), a regulation, or constitutional due process. (Kirkpatrick v. City of Oceanside (1991) 232 Cal.App.3d 267, 279.) Respondent Bo...
2019.5.29 Demurrer, Motion to Strike 415
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.29
Excerpt: ...emed to be true, as it is “not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which [plaintiff] describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading. [Citation.]” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 47.) The pleading is adequate if it apprises the defendant of the factual basis for the plaintiff's cla...
2019.5.23 Motion for Summary Judgment, Adjudication 468
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.23
Excerpt: ...ult to sift through the facts to determine which were actually material and disputed. The two important functions of a separate statement are (1) to notify the parties which material facts are at issue, and (2) to “permit trial courts to expeditiously review complex motions for ... summary judgment to determine quickly and efficiently whether material facts are disputed. (Collins v. Hertz Corp. (2006) 144 Cal.App.4th 64, 72, emphasis added.) Ho...
2019.5.22 Demurrer 462
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.22
Excerpt: ...ction, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) Plaintiff alleges that defendant "did me wrong," "is derelict in her duties," "is a public servant" who "refused to perform her service." Plaintiff further contends that defendant is his "servant" and that she "failed to provide a service as my servant." The factual basis for plaintiff's claim is entirely unclear and uncertain....
2019.5.21 Motion for Class Certification and Preliminary Approval of Class Settlement 265
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.21
Excerpt: ...lement Agreement states that it will be served on the LWDA only after preliminary approval, but neither the parties nor the Court have the power to decline the Legislature's directive on this issue. The motion must be denied due to failure to timely serve the LWDA. 2. CLASS CERTIFICATION a. Standards An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral cou...
2019.5.16 Motion to Set Aside Default 450
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.16
Excerpt: ...itations.]” (Munoz v. Lopez (1969) 275 Cal.App.2d 178, 181.) The terms “extrinsic fraud” and “mistake” are “given a broad meaning and tend to encompass almost any set of extrinsic circumstances which deprive a party of a fair adversary hearing.” (In re Marriage of Park (1980) 27 Cal.3d 337, 342.) To set aside a default judgment “based on extrinsic mistake one must satisfy three elements. First, the defaulted party must demonstrate...
2019.5.16 Motion to Quash Service of Summons 586
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.16
Excerpt: ...he initial burden of demonstrating facts justifying the exercise of jurisdiction. The plaintiff must do more than merely allege jurisdictional facts; plaintiff must provide affidavits and other authenticated documents demonstrating competent evidence of jurisdictional facts. (BBA Aviation PLC v. Superior Court (2010) 190 Cal.App.4th 421, 428‐429.) If this is met, the defendant then has the burden of demonstrating that the exercise of jurisdicti...
2019.5.16 Motion to Strike 469
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.16
Excerpt: ... independently. However, plaintiffs have alleged facts with respect to the allegedly inadequate design of the driver's seat structure of the subject automobile, and MMC's knowledge of internal and external test results and external investigations which revealed these inadequacies. The remoteness of time regarding some of these tests does not invalidate these allegations, since adoption of, and continued retention of, defective designs despite all...
2019.5.16 Motion to Strike 286
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.16
Excerpt: ...tion: A motion to strike can be used to: “(a) Strike out any irrelevant, false, or improper matter inserted in any pleading”; or “(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”(Code Civ.Proc. §§ 431.10, subd.(b); 436, subd.(a).) A court will “read allegations of a pleading subject to a motion to strike as a whole, all parts in their ...
2019.5.15 Demurrer, Motion to Strike 846
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.15
Excerpt: ...e).) To overrule the demurrer to the fifth cause of action. (Code Civ. Proc. § 430.41(b).) To grant the motion to strike SACC ¶ 55 and page 17, lines 1‐2 of the prayer for relief, without leave to amend. (Code Civ. Proc. § 436.) Ross shall file their answer to the SACC within 10 days of service of the order by the clerk. Explanation: Demurrer Ross demurs only to the fourth and fifth causes of action, for intentional and negligent misrepresen...
2019.5.14 Motion for Judgment on the Pleadings 846
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.14
Excerpt: ...s President of the Sikh Center; and (3) plaintiff is seeking damages for the alleged conspiracy, yet damages are not permitted under a conspiracy theory. Issue 1: Is civil conspiracy an actionable tort? The elements of a civil conspiracy are (1) formation and operation of the conspiracy, (2) damage resulting to plaintiff, and (3) from an act done in furtherance of the common design. (I‐CA Enterprises, Inc. v. Palram Americas, Inc. (2015) 235 Ca...
2019.5.9 Motion for Summary Judgment 236
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.9
Excerpt: ... defendant is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden...
2019.5.9 Motion to Reschedule Oral Arguemnt and Trial Readiness 086
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.9
Excerpt: ...der dated January 23, 2019. Plaintiff failed to appear at the March 21, 2019 hearing. The Court has set a hearing on May 23, 2019 at 3:00 p.m. in Dept. 501 for the plaintiff to show cause why the case should not be dismissed. At that hearing the plaintiff can present the argument made in the declaration filed on March 29, 2019. If the Court determines there is good cause the Court will proceed with a trial setting conference. Plaintiff requests t...
2019.5.7 Demurrer, Motion to Strike 045
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.7
Excerpt: ... request for punitive damages. Plaintiffs are granted ten days leave to amend. All changes must be in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order. Explanation: I. Demurrer A. Intentional Infliction of Emotional Distress: “Outrageousness” “[W]hether conduct is outrageous is ‘usually a question of fact.'” (Bock v. Hansen (2014) 225 Cal.App.4th 215, 235.) And a judge may not reso...
2019.5.7 Petition to Compel Arbitration 866
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.7
Excerpt: ...t seq.) To lift the stay on the action and allow the litigation to proceed in Superior Court as to the remaining causes of action. Explanation: The court intends to deny the motion to compel the plaintiff to arbitrate the remaining six causes of action in the first amended complaint. The court has already ruled a year ago on the defendant's prior motion to compel arbitration that the first six causes of action are not arbitrable, as they raise PA...
2019.5.1 Petition to Compel Arbitration 545
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.5.1
Excerpt: ...ninth causes of action, and stay litigation thereof until after arbitration is completed. Explanation: When a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine: (1) whether the agreement exists and, (2) if any defense to its enforcement is raised, whether it is enforceable. The petitioner (seeking to compel arbitration) bears the bur...
2019.4.30 Motion for Leave to File Complaint-in-Intervention 805
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.30
Excerpt: ...f the minute order. Explanation: Upon timely application, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. (Code Civ. Proc. § 387; Fireman's Fund Ins. Co. v. Gerlach (1976) 56 Cal.App.3d 299, 303‐ 305.) The intervention must not enlarge the issues in the case and the reasons for intervention must outweigh any opposit...
2019.4.25 Motion to Reopen Discovery 169
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.25
Excerpt: ...ought in an action pending in that court. (b) The motion for leave to conduct discovery pending appeal shall set forth all of the following: (1) The names and addresses of the natural persons or organizations from whom the discovery is being sought. (2) The particular discovery methods described in Section 2036.020 for which authorization is being sought. (3) The reasons for perpetuating testimony or preserving evidence.” “Admittedly, the Dis...
2019.4.25 Motion to Compel Responses, for Monetary Sanctions 458
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.25
Excerpt: ...et and confer letter mentions that there are “more than 60” such questions, which makes it all the more important that plaintiff identify these in the Separate Statement, rather than (apparently) expecting the court to pore over the 63 transcript pages to parse out what was objectionable. Plaintiff's reply argument that no Separate Statement was necessary under California Rules of Court, Rule 3.1345, is not a correct statement. While that rul...
2019.4.25 Motion to Compel Compliance with Deposition Subpoena 468
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.25
Excerpt: ...onally served subpoena is enforceable against a California resident and obligates that individual to produce business records specified in the subpoena. (Code Civ. Proc., § 2020.220, sub. (c).) The subpoena further obligates that individual to appear at a discovery motion proceeding that seeks to enforce the subpoena. (Id., subd. (c)(3); see also Code Civ. Proc., § 1987.1, subd. (a).) When the nonparty fails to comply with the issued subpoena, ...
2019.4.25 Motion for Summary Judgment, to File Undertaking to Secure Costs 356
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.25
Excerpt: ...plaint alleges dangerous condition of public property and negligence. On September 7, 2015, Plaintiff was riding his motorcycle on State Route 198 East, near Firestone Avenue, when defendant Rodriguez, who was driving a tractor‐trailer, owned by Defendant L.A. Hearn Co., allowed part of the tractor‐trailer to cross the center line, into plaintiff's path of travel. While Rodriguez states that it was plaintiff who crossed the center line, for p...
2019.4.4 Motion for Leave to File Amended Complaint 516
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.4
Excerpt: ... action for sex discrimination based on the fact that she, as a division manager, was paid less than other division managers. Just before trial, the court ruled that the comparison of plaintiff's salary with that of other managers was inappropriate evidence, as a similarity in job duties had not been shown. At the end of plaintiff's presentation of her case, she moved for leave to amend her complaint to proof offered that she was paid les...
2019.4.4 Demurrer 455
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.4.4
Excerpt: ... is correct that the plaintiff's causes of action survive even after her death. “Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) Also, “A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (Code Civ. Proc.,...
2019.3.7 Motion to Order Posting of Undertaking 346
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.3.7
Excerpt: ...rity for costs and attorney's fees; motion; hearing; undertaking states in full: (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purpose...
2019.3.7 Motion for Summary Judgment 860
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.3.7
Excerpt: ...plaint on the ground that plaintiff's exclusive remedy against them is through the payment of workers' compensation benefits, and therefore he cannot prevail on his sole cause of action for motor vehicle negligence. However, defendants have not met their burden of producing evidence showing that they are entitled to the protection of the workers' compensation exclusive remedy rule. First, to the extent that defendant De La Cruz argues that plaint...

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