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502 Results

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2023.06.27 Demurrer, Motion to Strike, for Leave to File Punitive Damages, for Sanctions Pleadings 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...pleading shall be filed within 30 days of the clerk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. To deny plaintiff's motion for leave to file punitive damages pleadings. To deny plaintiff's application for sanctions. Explanation: Demurrer/strike "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern C...
2023.06.22 Motion to Compel Production of Client File 152
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ... by Rules of Professional Conduct, Rule 1.16, subdivision (e). Mr. Hoppe attests to having provided the contents of the file as requested by his client with the exception of a February 14, 2023 email from Jeff Williams, in-house counsel for Zenith, and emails sent after his representation of TJ & Sons ended on March 1, 2023. (Hoppe Decl. "1 9-10.) The author of the emails, Mr. Williams, asserted the work product privilege regarding the February 1...
2023.06.22 Motion for Terminating Sanctions 491
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...iv. Proc., S 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To strike the complaint and dismiss the action. To grant and to award monetary sanctions in the total amount of $735 against plaintiff David Herrera and his attorney of record, 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. To grant and to award monetary sa...
2023.06.22 Motion for Attorney Fees 402
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...lanation below), with the time to run from the clerk's service of the minute order adopting this Tentative Ruling. Explanation: In this partition action, an interlocutory judgment issued on December 22, 2020, which ordered the subject property to be sold by the appointed referee, with the proviso that $20,000 of the sale proceeds would be impounded to cover later costs of partition. A further order was entered on February 3, 2022, confirming the ...
2023.06.22 Demurrer to SAC, Motion for Relief from Sanctions 910
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...ute order by the clerk. To deny the motion for relief from sanctions. Explanation: Defendants Springs SPE, LP (erroneously sued as The Springs), and Apartment Management Consultants, LLC (collectively "defendants") generally demur to the eighth cause of action, for public nuisance, for failure to state facts to support the cause of action. The present demurrer is the third challenge to the same cause of action, based on the same deficiencies alle...
2023.06.15 Motion to Amend Complaint 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.15
Excerpt: ...intiffs attach an email from Mr. Rosado wherein he asks counsel to use a new address. However, as the court instructed counsel in the Tentative Ruling issued on April 18, 2023, when service to Mr. Rosado is made by mail, plaintiffs must include service at his address of record, even if they also wish to serve him at a different address. It is the duty of the litigant (including a self-representing litigant) to serve all parties with a written not...
2023.06.15 Motion for Final Approval of Class Settlement 641
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.15
Excerpt: ...ancement payment to plaintff Eric Garcia is $5,000. A revised proposed order shall be submitted to this department within 5 days of the clerk's service ofthis order. To set a hearing at June 13, 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 May 30, 2024....
2023.06.13 Demurrer to FAC 161
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.13
Excerpt: ...the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible diffculty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint against ...
2023.06.08 Motion for Sanctions 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ... notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass orto cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, an...
2023.06.08 Demurrer 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ...e the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle accident, contending that the First Amended Complaint ("FAC") fails to state cause of action, there is a nonjoinder or misjoinder of parties, the FAC is vague and ambiguous, and the cause of action is time-barr...
2023.06.07 Demurrer 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ... which the complaint may be amended will run from service of the order by the clerk. In light of plaintiff's counsel's refusal to meet and confer prior to the filing of the demurrer, the court will require plaintiff to initiate and conduct a telephonic or in-person conference of the parties prior to amending the complaint. (See Cade Civ. Proc., S 430.41, subd. (c).) Plaintiffs counsel shall file with the amended complaint a declaration describing...
2023.06.07 Motion for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...ssue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of achon „ cannot be established, or that there is a complete defense to the cause of action." (Code Civ. Proc. S 437c, subd. If ...
2023.06.07 Motion to Withdraw Deemed Admitted, for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...noticed by Defendants County of Fresno and Fresno County Sheriff's Offce ("County Defendants") of plaintiff, Dale Blickenstaff, and/or other witnesses identified in those depositions. (Code Civ. Proc. S 2033.300, subd. (c).) To deny Defendants County of Fresno and Fresno County Sheriff's Office's motion for summary judgment. (Code. Civ. Proc. S 437c, subd. (p)(2).) Explanation: Plaintiff's Motion to Withdraw Admissions Deemed Admitted Plaintiff m...
2023.06.01 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.01
Excerpt: ...nse on or before June 20, 2023. The supplemental briefs shall not exceed five pages in length. Explanation: The County of Fresno demurs to the complaint on several grounds, including a contention that the complaint is uncertain as to plaintiffs identity. Plaintiff cites Starbucks Corp. v. Superior Court (21%8) 158 Cal.App.4th 1436 (Starbucks), wherein the court noted the " judicial use of I Doe plaintiffs' to protect legitimate privacy rights has...
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...

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