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2022.05.17 Motion for Injunction 048
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.17
Excerpt: ...1) the likelihood that the moving party will prevail on the merits at trial, and (2) the interim harm that the moving party is likely to sustain if the injunction were denied as compared to the harm that the opposing party is likely to suffer if the preliminary injunction were issued. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69‐70.) In considering these factors, the court “balances the relative hardships.” (Ibid.) The second fac...
2022.05.10 Motion for Summary Judgment 943
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.10
Excerpt: ... Clean Energy (“PACE”) program that allows financing for home improvement projects to be repaid by a special property tax assessment. Plaintiffs filed this action against The Solar Group, Inc. and Ygrene Energy Fund, Inc. seeking declaratory relief regarding the parties' rights and duties for repayment of the solar installation. The complaint also seeks injunctive relief from the demanded excessive assessments against the plaintiffs' property...
2022.05.05 Motion to Compel Further Responses 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.05
Excerpt: ...tends to review the documents responsive to requests 42 to 44 and 46 to 48 in camera to determine whether they are covered by the medical peer review privilege under Evidence Code section 1157. The court will only compel production of non‐privileged documents. Explanation: First, to the extent that defendants have requested that the court take judicial notice of other court actions involving plaintiff, the court intends to deny the request. Whi...
2022.05.04 Motion for Approval of PAGA Settlement 039
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.04
Excerpt: ... to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 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 legislature provided any structure or standards for making the assessment. Published California case law has not done so either. However, the common p...
2022.05.04 Demurrer, Motion to Strike 140
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.04
Excerpt: ...es from the complaint, as improperly alleged. (Code Civ. Proc. § 436.) To deny leave to amend as to the first, second, and fourth causes of action and the prayer for punitive damages. To grant leave to amend as to the third cause of action. Plaintiff shall file and serve his first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer to First Cause of Action: Plaint...
2022.05.03 Motion for Preliminary Approval of Class Settlement 274
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.03
Excerpt: ... a later date, if plaintiff needs more time. The Case Management Conference scheduled for May 3, 2022 is also continued to June 29, 2022. Explanation: Class Certification With regard to class certification, additional evidence is needed to support a finding that plaintiff possesses claims or defenses typical of the class. The class representative must be able to represent the class adequately. (Caro v. Procter & Gamble (1993) 18 Cal.App.4th 644, ...
2022.04.28 Motion for Summary Judgment, Adjudication 939
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.28
Excerpt: ...on: The ultimate burden of persuasion on summary judgment/adjudication rests on the moving party. The initial burden of production is to show, by a preponderance of the evidence, that it is more likely than not that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) In determining whether any triable issues of material fact exist, the court must strictly construe the moving papers and liberally...
2022.04.28 Demurrer to FAC 138 (2)
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.28
Excerpt: ...the clerk of the minute order. Explanation: Demurrer to the Seventh Cause of Action—Professional Negligence: The elements of a claim for professional negligence are as follows: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession; (2) a breach of that duty; and (3) a proximate causal connection between the negligent conduct and the resulting injury. (Weimer v. Nationstar Mortgage, LLC (2...
2022.04.27 Motion to Strike SAC 453
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.27
Excerpt: ...the pleadings. (Code Civ. Proc. § 436.) To deny leave to amend at this time. However, plaintiffs may bring a properly noticed motion to amend the complaint to substitute the new defendants in place of fictitious defendants in compliance with Code of Civil Procedure sections 473 and 474. Explanation: When a court sustains a demurrer or grants a motion for judgment on the pleadings with leave to amend, the plaintiff is only permitted to amend the ...
2022.04.27 Motion for Summary Judgment, Adjudication 004
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.27
Excerpt: ...party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true facts in the case. (Petersen v. City of Vallejo (1968) 259 Cal.App.2d 757, 775.) The moving party ...
2022.04.26 Motion for Summary Judgment, Adjudication 339
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.26
Excerpt: ...ary adjudication of the second and fifth causes of action, as the motion is moot as to those claims, which have now been dismissed with prejudice. Defendants are ordered to submit a proposed judgment consistent with the language of this order within 10 days of the date of service of this order. Explanation: First, the court intends to deny summary adjudication of the breach of fiduciary duty and negligent misrepresentation claims, as plaintiff ha...
2022.04.21 Motion for Sanctions 894
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.21
Excerpt: ...if the court concludes the pleading was filed for an improper purpose or was indisputably without merit, either legally or factually.” (Peake v. Underwood (2014) 227 Cal.App.4th 428, 440, citation omitted; see Musaelian v. Adams (2009) 45 Cal.4th 512, 519 [purpose of §127.8 is to deter filing abuses].) The Legislature included a “safe harbor” provision in section 128.7 to ensure the statute is “remedial, not punitive.” (Peake, supra, 2...
2022.04.21 Motion for Terminating Sanctions 684
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.21
Excerpt: ...aint and dismiss the action. The proposed order has errors, as noted below, so it must be corrected and resubmitted for signature. Defendant shall submit a corrected proposed order consistent with the court's order within 10 days. Explanation: Terminating Sanctions: Code of Civil Procedure section 2023.010, subdivision (g) construes “[d]isobeying a court order to provide discovery” to be a “misuse of the discovery process,” but sanctions ...
2022.04.05 Motion for Preliminary Injunction 474
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.05
Excerpt: ...endant at his residence. The worst and most disruptive of the parties took place during summer 2021, though large and disruptive parties continued through October 2021. The motion for preliminary injunction was filed early December 2021. Since then two more apparently large and disruptive parties have been thrown at defendant's residence – one by defendant's nephew while defendant was out of town, and another just last week in which police were...
2022.04.05 Demurrer to FAC 240
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.04.05
Excerpt: ... the exclusive provisions of the Right to Repair Act, Civil Code section 896 et seq. They argue that the Right to Repair Act provides the sole and exclusive remedy for construction defect claims, so any cause of action that alleges construction defects is barred. Here, they point out that the plaintiffs' breach of contract claim simply repackages their construction defect claim as a breach of contract, and thus the second cause of action fails to...
2022.03.30 Motion to Compel Arbitration and Stay Action 533
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.30
Excerpt: ...d or distributed by defendant FCA US, LLC (“FCA”). As a part of that transaction, plaintiff signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. Problems with the vehicle ensued, and this “lemon law” action was filed on 2/23/21, against both Clovis Chrysler and FCA. The Complaint alleges the following causes of action: (1) Violation of Subdivision (d) of Civil Code section 1793.2; (2) Violation of...
2022.03.24 Motion to Expunge Lis Pendens, to Declare Vexatious Litigant 244
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.24
Excerpt: ...is motion. (Code Civ. Proc., § 405.38.) Plaintiffs shall pay this amount to the Donna Standard, Esq. within 30 days from the date of this order. To grant defendants' motion to declare plaintiff, Johnny Gonzales, a vexatious litigant and to order plaintiff Johnny Gonzales to post security of $25,000, within 30 days of the date of service of this order, in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) The 30 ‐ day...
2022.03.22 Motion to Compel Arbitration and Stay Pending Arbitration 730
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.22
Excerpt: ...cle ensued which form the basis of the instant complaint for damages. Plaintiffs originally brought six causes of action against defendant FCA US LLC (FCAUS), and Clovis Chrysler Dodge Jeep Ram. On February 16, 2022, defendant Clovis Chrysler Dodge Jeep Ram was dismissed, effectively dismissing the fifth cause of action which was brought solely against Clovis Chrysler. The remaining five causes of action comprise alleged breaches of Civil Code se...
2022.03.22 Motion for Transfer of Venue 399
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.22
Excerpt: ...ts and fees of transferring the action within 30 days after service of notice of the transfer order. Explanation: A change of venue must be based on declarations containing admissible evidence. But the court may also consider facts alleged in a verified complaint to the extent that it is not controverted by affidavits of the moving party. (Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921, 929, fn. 7.) Actions concerning “injuries to...
2022.03.17 Motion to Strike FAC 048
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.17
Excerpt: ...anation: Manzo moves to strike the punitive damages allegations and prayer from Ahmed's First Amended Complaint filed on June 14, 2021. Initially the court notes that counsel did not meet and confer in person or by telephone as explicitly required by Code of Civil Procedure, section 435.5, subdivision (a). An exchange of letters does not comply with this requirement. Counsel do not get to pick and choose which clear statutory requirements they fo...
2022.03.17 Motion for Approval of PAGA Settlement 039
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.17
Excerpt: ...uction “The superior court shall review and approve any settlement of any civil action 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, § 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 legislature provided any structure or standards...
2022.03.15 Demurrer, Motion to Strike 573
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.15
Excerpt: ...tain defendant FPI's demurrer to the first, second, and third causes of action for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To deny leave to amend. To grant defendants' motion to strike the prayer for punitive damages from the FAC, without leave to amend. To grant defendant FPI's motion to strike the prayer for attorney's fees against it. To grant leave to amend to clarify that the...
2022.03.09 Motion for Final Approval of Class Action Settlement, for Attorney Fees and Expenses, Incentive Award 533
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.09
Excerpt: ...representative) an incentive award in the amount of $5,000.00. To order that on or before March 30, 2021, the plaintiff shall lodge a revised “Order Granting Final Approval of Class Settlement” and a revised “Final Judgment,” each corrected as discussed in the explanation below. No amount under this final approval and judgment, including payment of the attorney fees and costs, administrator costs, or the plaintiff's incentive award, may b...
2022.03.09 Demurrer 104
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.09
Excerpt: ... shall serve and file their amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiffs bring the instant action against defendant on nine causes of action based on wrongful termination and various Labor Code violations. Defendant demurs on the basis that the complaint fails to allege facts sufficient to state causes of action. Defendant challenges plaintiffs' thir...
2022.03.03 Demurrer to FAC 883
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.03
Excerpt: ...oldface type. Explanation: Two causes of action are alleged in the First Amended Complaint: (1) general negligence; and (2) damages arising from the operation of a motor vehicle. Defendant now demurs to each cause of action, based upon Code of Civil Procedure sections 430.10, subdivisions (e) and (f). Government Code section 815.2 provides that a public entity is liable for the injury proximately caused by an act or omission of its employee withi...
2022.03.03 Motion to Consolidate 673
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.03
Excerpt: ...f's claim to own title to the property could be decided, and she could be ejected from her own property. Given the summary nature of unlawful detainer proceedings, it is a rule of long standing that questions of title cannot be raised and litigated by cross‐complaint or affirmative defense in an unlawful detainer case. (Cheney v. Trauzettel (1937) 9 Cal.2d 158, 159; Martin‐Bragg v. Moore (“Martin‐Bragg”) (2013) 219 Cal.App.4th 367, 385 ...
2022.03.02 Motion to Compel Expert Depositions 674
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.02
Excerpt: ...itions of four of plaintiff's designated expert witnesses following their nonappearances on May 26, 2021. Defendant had unilaterally noticed the depositions after unsuccessfully attempting to obtain dates from plaintiff's counsel. Defense counsel failed to communicate or confer with plaintiff's counsel about the scheduling of the depositions after the nonappearances, and instead proceeded to file a motion to compel some eight months later. Code o...
2022.03.02 Demurrer, Motion to Strike 090
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.03.02
Excerpt: ...de Civ. Proc., § 430.10, subds. (e) and (f).) To grant the motion to strike and deny, as moot, plaintiff's motion to permit discovery of defendants profits and financial information. (Code Civ. Proc., §§ 435 and 431.10, subd. (b); Civ. Code, § 3295, subd. (c).) To grant leave to amend. Should plaintiff desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in ...
2022.02.23 Motion to Quash Third-Party Subpoenas 038
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.23
Excerpt: ...cy; KNPZ Insurance Services; Morrison Insurance Associates; Sarkhosh Insurance Agency; and Seabury Copeland & Anderson Insurance Company. To grant and quash the subpoenas issued on July 23, 2021 to Cuttone & Maestro CPA and Nunes & Nunes CPA. Explanation: Plaintiff brings suit against defendants, alleging that defendants became its employees on January 1, 2014, with an agreement to not receive income from outside sources; that plaintiff later dis...
2022.02.23 Motion to Compel Arbitration and Stay Action 149
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.23
Excerpt: ...ured or distributed by defendant FCA US, LLC (“FCA”). As a part of that transaction, plaintiffs signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. Problems with the vehicle ensued, and this “lemon law” action was filed on 10/23/20, against both Fresno Chrysler and FCA. The operative pleading is the First Amended Complaint, alleging the following causes of action against FCA only: (1) Violation o...
2022.02.17 Application for Default Judgment 473
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.17
Excerpt: ...dgment against defendant Dr. Janda. Dr. Janda filed an answer, but it was later stricken and his default was entered when he refused to answer discovery or participate in the litigation. Also, plaintiff has adequately proved up her damages, including her request for $120,000 in general damages and $9,600 in lost wages. While plaintiff has not submitted any evidence other than her own declaration regarding her general damages, it does appear that ...
2022.02.15 Motion for Summary Judgment 534
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.15
Excerpt: ...dgment 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., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the burden of showing the court that the plaintiff 'has not established, and cannot reasonably expect to establish, a prima facie case ... .' [Citation.]" (Miller v. Department of Corrections (2005) 36 Cal.4th 446, 4...
2022.02.10 Motion to Compel Arbitration 330
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.10
Excerpt: ...ants are solely responsible for arbitration fees. Explanation: Plaintiffs filed a complaint for damages for the wrongful death of decedent Sandra Troupe, for elder abuse pursuant to the Elder Adult and Dependent Adult Civil Protection Act, and for negligent hiring and supervision. In response, defendants filed a petition to compel arbitration, citing an arbitration agreement (“Agreement”) among the parties. In opposition, plaintiffs do not co...
2022.02.10 Motion to Compel Arbitration 163
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.10
Excerpt: ...ndants are solely responsible for arbitration fees. Explanation: Plaintiffs filed a complaint for damages for the wrongful death of decedent Donald Stegmeir, for elder abuse pursuant to the Elder Adult and Dependent Adult Civil Protection Act, and for negligent hiring and supervision. In response, defendants filed a petition to compel arbitration, citing an arbitration agreement (“Agreement”) among the parties. In opposition, plaintiffs do no...
2022.02.10 Motion to Bifurcate Trial and Sequence Discovery 163
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.10
Excerpt: ...c., §§ 598, 1048, subd. (b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 503‐504; see also Cook v. Superior Court (1971) 19 Cal.App.3d 832, 834.) The court also has the power to “provide for the orderly conduct of proceedings before it,” and to “amend and control its process and orders so as to make them conform to law and justice.” (Civ. Proc. Code § 128, subd. (a)(3), (8).) Here, defendant claims that it has reaso...
2022.02.10 Motion for Preliminary Injunction 548
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.10
Excerpt: ..., §3540), the Education Employees Relations Act (“EERA”) permits public school employees to participate and form in representative organizations and prevents the employers from denying such rights. (Gov. Code., §§ 3543; 3543.5; Public Employment Relations Bd. v. Modesto City Schools Dist. (1982) 136 Cal.App.3d 881, 894 (Modesto).) The EERA authorizes “appropriate temporary relief or restraining order[s]” (Gov. Code, § 3541.3, subd. (j...
2022.02.09 Motion for Final Approval of Class Action Settlement, for Attorney Fees, Costs and Incentive Award 493
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.09
Excerpt: ...tive) an incentive award in the amount of $8,000. To award attorney fees in the amount of $157,500. To set a hearing at April 21, 2022, at 3:30 p.m. in Department 502 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 April 11, 2022. Explanation: Final Approval of Settlement California Rules of ...
2022.02.09 Motion to Compel Deposition 306
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.09
Excerpt: ...or a deposition within thirty (30) days of the hearing on this motion. (Code Civ. Proc., §§ 2025.450, subd. (a), 2025.280, subd. (a).) To impose monetary sanction in the amount of $1,295.00, payable to counsel for Defendant/Cross Defendant GSF Jackson Park Place Investors, L.P. within 30 days of the clerk's service of this minute order. Explanation: Motion to Compel Deposition Testimony Proper service of a notice of deposition compels any depon...
2022.02.09 Motion for Summary Judgment 239
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.09
Excerpt: ...ent in both cases. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment for each case consistent with the court's summary judgment orders. Explanation: A party 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 pl...
2022.02.09 Motion to Compel Further Responses, for Monetary and Evidentiary Sanctions 390
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.09
Excerpt: ...6, and requests for production of documents, set one, numbers 1 to 14. To grant monetary sanctions of $1,695 against Ultimate Solar and its counsel, Sofian Dawood, which shall be paid within 30 days of the date of service of this order. To deny the request for evidentiary sanctions without prejudice. However, if plaintiff fails to serve its verified further responses within 10 days of the date of service of this order, the court will entertain de...
2022.02.08 Motion to Permit Recordation of Late Notice of Intent to Preserve Mineral Right 833
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.08
Excerpt: ....250.) However, the court intends to deny the request to list additional persons on the notice. The notice must only list the people who were listed as mineral rights holders on the original 1964 deed. To order defendants to pay plaintiff's legal expenses incurred in the present litigation, in the amount of $8,345. (Ibid.) When defendants have paid plaintiff's litigation expenses, the case against them will be dismissed. The case against the Weld...
2022.02.08 Motion to Compel Further Responses 593
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.02.08
Excerpt: ... the parties to meet and confer as to the privileges asserted on demand for production, set eight. Explanation: Plaintiffs seek to compel further responses to requests for production of documents pertaining to communication between certain individuals and plaintiff Douglas Hecker (“Hecker”), and for the hard drives on which Hecker worked. On June 25, 2021, pursuant to Local Rule 2.1.17, plaintiffs filed a Request for Pretrial Discovery Confer...
2022.01.20 Motion to Compel Further Responses 937
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.20
Excerpt: ...e date of service of this order. To grant the request for monetary sanctions in the amount of $3,600, payable to plaintiffs' counsel within thirty (30) days from the date of this order. Explanation: Further Production of Documents Discovery requests are generally afforded liberal construction. (See Code of Civ. Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) A motion seeking further responses in a request for further pr...
2022.01.20 Motion for Summary Judgment, Adjudication 984
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.20
Excerpt: ...3, 2020, plaintiffs filed suit against defendants for breaching a contract to install insulation foam. Plaintiffs bring five causes of action: (1) breach of contract; (2) negligence; (3) violation of Business and Professions Code section 7031; (4) fraudulent misrepresentation (intentional and negligent); and (5) violation of Business and Professions Code section 7160. On September 4, 2020, defendants/cross‐complainants brought a cross‐complai...
2022.01.19 Motion for Attorney Fees 553
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.19
Excerpt: ...25.16, subd. (c)(1).) Even where the plaintiff dismisses the moving defendant prior to the hearing, courts have uniformly held that the trial court retains jurisdiction to award attorney fees against plaintiff. (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869.) This is justified by reasoning that if a plaintiff is able to avoid fees by dismissing the moving defendant prior to the hearing, this would deprive the defendant of the ...
2022.01.13 Motion for Class Certification and Preliminary Approval of Settlement 134
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.13
Excerpt: ...he class; and (2) additional evidence is needed to support a finding that certification will provide substantial benefits to litigants and the courts. The class representative must be able to represent the class adequately. (Caro v. Procter & Gamble (1993) 18 Cal.App.4th 644, 669.) “[I]t has never been the law in California that the class representative must have identical interests with the class members.” (Classen v. Weller (1983) 145 Cal.A...
2022.01.12 Motion to Bifurcate 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.12
Excerpt: ...he litigation would be promoted thereby ….” (Code Civ. Proc., § 598.) In addition, “the decision to bifurcate is discretionary with the trial court.” (Regents of University of California v. Sheily (2004) 122 Cal.App.4th 824, 833; Royal Surplus Lines Ins. Co., Inc. v. Ranger Ins. Co. (2002) 100 Cal.App.4th 193, 205 [“It is within the discretion of the court to bifurcate issues or order separate trials of actions ... and to determine the...
2022.01.12 Motion for Order of Possession 730
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.12
Excerpt: ...de of Civil Procedure, section 1255.010 [the probable amount of compensation to be awarded to defendants], plaintiff has failed to provide notice of its motion to all the requisite parties. Notice Requirement: A motion for prejudgment possession must be served on the “record owner of the property and on the occupants, if any.” (Code Civ. Proc. § 1255.410, subd. (b).) “'[R]ecord owner' means the owner of the legal or equitable title to the ...
2022.01.11 Motion to Compel Deposition of PMK, for Sanctions 708
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.11
Excerpt: ...North America, Inc.'s person most knowledgeable and custodian of records to attend his or her deposition, and to produce documents pursuant to the demand for production of documents served with the deposition notice. (Code Civ. Proc. § 2025.450.) To deny plaintiffs' request for sanctions against defendant. (Code Civ. Proc. § 2025.450(g)(1).) To deny plaintiff's motion to compel Lithia Nissan of Clovis's person most qualified and Timothy Bowden,...
2022.01.11 Motion for Judgment on the Pleadings 593
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.11
Excerpt: ...out of tortious injury to her spouse, but arising out of injury to her spouse by way of violations of the Fair Employment and Housing Act and Labor Code; and alternatively that defendant is immune from common law claims.1 The standard of review in a motion for judgment on the pleadings is well settled; the motion is confined to the face of the pleading under attack, and all facts alleged in the complaint must be accepted as true. (Rangel v. Inter...

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