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2021.12.16 Motion for Summary Judgment 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.16
Excerpt: ... restaurant. She slipped and fell on a slippery substance on the floor as she walked back to her table after using the restroom. She felt sudden and severe pain in her right knee. The Complaint alleges a single cause of action for premises liability. Initially the court will address plaintiff's evidentiary objections. The first three objections are expressly directed at portions of defendant's separate statement. These objections should be overru...
2021.12.16 Motion for Judgment on the Pleadings, to Strike 170
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.16
Excerpt: ...for Judgment on the Pleadings: Defendants move for judgment on the pleadings as to the entire Complaint on the ground that the case has become moot due to the Governor's decision to rescind the Blueprint for a Safer Economy. A motion for judgment on the pleadings will lie where the issues of the case have become moot. (Connerly v. Schwarzenegger (2007) 146 Cal.App.4th 739, 746.) “Courts do not decide abstract questions of law. An indispensable ...
2021.12.15 Motion to Set Aside Default 068
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.15
Excerpt: ...t aside. Defendants are excused from including a copy of their proposed pleading as a precondition for the set aside and are granted 30 days' leave to file their responsive pleadings to the First Amended Complaint, with the time to run from service by the clerk of the minute order. If this response is a demurrer, as defendants have indicated, then the parties must comply with the meet and confer requirements outlined in Code of Civil Procedure se...
2021.12.14 Motion to Seal Portions of SAC 179
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.14
Excerpt: ...nfidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealin...
2021.12.09 Motion for Summary Judgment, Adjudication 278
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.09
Excerpt: ...he Underlying Case In underlying Case No. 13CECG03811 entitled Cal LeDuc; Tori Abby; Miley Abby, a minor by and through her Guardian ad litem, Tori Abby, Mandy Jobe, Lukus LeDuc, Jay LeDuc and Cal LeDuc as successor in interest to the estate of Marsha Kay LeDuc v. Mario Alberto Guerro; Daniel M. Canchola and Guerra Produce, the defendants filed for bankruptcy protection on April 24, 2017, shortly before the initial trial date. The Plaintiffs peti...
2021.12.07 Motion to Compel Arbitration and Stay Action 318
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.07
Excerpt: ...e of the arbitration agreement and that the dispute is covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1...
2021.12.02 Motion to Compel Joinder 700
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.02
Excerpt: ...ccessor‐in‐ Interest to Jessica Cortez, brought suit against, among others, defendant and moving party, Kevin Ciresi, M.D. The complaint alleges one cause of action for medical malpractice resulting in wrongful death. Plaintiff is alleged to be the husband of Cortez, who passed away on September 25, 2019, and as such is the “wrongful death heir.” Ciresi brings this motion to compel joinder of Alyza and Isaiah Boriphanvichitr, as omitted a...
2021.12.02 Motion to Compel Further Deposition, for Protective Order, for Monetary Sanctions 579
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.02
Excerpt: ... unable resolve disputes regarding plaintiff's counsel's stated objections and instructions to his client. Motion to Compel Plaintiff's Further Deposition To the extent the motion requests a further response to a particular deposition question or document request a Separate Statement is necessary under California Rules of Court, rule 3.1345. While that rule does provide an exception where “no response has been provided to the request for discov...
2021.12.02 Demurrer 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.02
Excerpt: ...planation: Exclusivity of the Workers' Compensation Remedy Defendant North Cal Cleaning Company (NCCC) demurs to the First Amended Complaint on the grounds that the breach of contract cause of action alleged against it in the First Amended Complaint is barred by the exclusive remedy of workers' compensation. (Code Civ. Proc., § 430.10, subd. (e).) Labor Code section 3600, subdivision (a), provides that liability for the compensation provided by ...
2021.12.01 Motion for Attorney Fees 758
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.12.01
Excerpt: ... and $262.10 in costs. (Code Civ. Proc., § 425.16, subd. (c).) Explanation: A special motion to strike (an “anti‐ SLAPP” motion) provides a procedural remedy to dismiss non‐meritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) A prevailing defendant on an a...
2021.11.18 Demurrer, Motion to Strike 735
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.18
Excerpt: ...murrer to the second cause of action in the Second Amended Cross‐Complaint, with leave to amend. Bazan is granted 10 days' leave to file a Third Amended Cross‐Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To sustain CFM's demurrers to the fourth and fifth causes of action in the Second Amended Cross‐Complaint, without leave to amend. CFM is directed to submit ...
2021.11.17 Demurrer 157
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.17
Excerpt: ... will be entertained at 2:30 p.m. Explanation: Before filing a demurrer, the moving party “shall file and serve with the demurrer a declaration stating… (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.” (Code Civ. Proc. § 430.41, subd. (a)(3)(A) [emphasis added].) Here, thou...
2021.11.16 Motion to Compel Initial Responses, Deposition 097
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.16
Excerpt: ...ees already paid) for the correct total motion fee of $360 (6 motions x $60 each). The additional filing fees must be paid no later than November 30, 2021. Plaintiffs Brandon A. Escalante and Samantha Quintero are ordered to serve separate, verified responses, without objections, to defendants' Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One (a separate set of which was served on e...
2021.11.10 Petition to Perpetuate Testimony and Preserve Evidence 768
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.10
Excerpt: ...ver, petitioners have not yet filed a civil action against Dr. Foxley or anyone else to the court's knowledge, and it is not clear if they intend to do so in the future. Nevertheless, they seek to preserve the complaint and to compel its production, citing to Code of Civil Procedure sections 2035.010 to 2035.060. Under section 2035.010, “One who expects to be a party or expects a successor in interest to be a party to an action that may be cogn...
2021.11.10 Motion for Summary Adjudication 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.10
Excerpt: ...�40%) on amounts withheld from tenants' security deposits. The First Amended Complaint (“FAC”) filed on July 28, 2016, alleges causes of action for (1) Unfair Competition (Bus. & Prof. Code § 17200); (2) Preliminary and Permanent Injunction; (3) Declaratory Relief; and (4) Violation of Civ. Code § 1950.5. All causes of action are premised on violation of section 1950.5. The FAC simply alleges that “[t]he 40% administration fees deducted f...
2021.11.10 Motion for Leave to File SAC 777
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.10
Excerpt: .....” (Garcia v. Roberts (2009) 173 Cal.App.4th 900, 909.) “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading ... by adding ... any party.” (Code Civ. Proc., § 473, subd. (a)(1).) “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ... in other particulars ....” (Code Civ. Proc., § ...
2021.11.09 Motions to Compel Arbitration, Dismiss Class Claims, Stay Action 667
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.11.09
Excerpt: ...ned below. Explanation: Agreement to Arbitrate. “Under both federal and California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 98; see Federal Arbitration Act (FAA)(9 U.S.C. § 1 et seq.).) Title 9 United States Code section 2 states that, “A written...
2021.10.28 Motion to Deem Vexatious Litigant 709
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.28
Excerpt: ... action. (Code Civ. Proc., § 391.1.) The 30‐day time limit will run from the service of the minute order by the clerk. (Code Civ. Proc., § 1013, subd. (a) [20‐calendar‐day extension for service to address outside the United States].) This action is stayed pending proof that such security has been furnished, and if no security is posted within the time allowed, the case shall be dismissed by the court upon ex parte application therefor by ...
2021.10.28 Motion to Consolidate Actions 298
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.28
Excerpt: ...nses related to the subject property during the pendency of the action, including property taxes, utilities, insurance, and the annual payment related to the property's solar panels, and to keep Ms. Rogers reasonably well informed as to the status of these payments so she is ensured there are no missed payments Explanation: Since the parties are each “plaintiff” and “defendant” (in reversed roles) between the two cases, they will be refer...
2021.10.27 Motion for Validation Judgment 887
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.27
Excerpt: ...e conducted on October 27, 2021, at 1:30 p.m., in Department 501. Explanation: Plaintiff has brought its renewed motion under Code of Civil Procedure section 1008, subdivision (b), (hereafter “Section 1008(b)”) which provides: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circums...
2021.10.26 Motion to Compel Initial Responses 517
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.26
Excerpt: ...nt; and (4) by Plaintiff seeking an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted as to each Defendant Tentative Ruling: To grant the motions to compel responses to Form Interrogatories Set One, Special Interrogatories Set One and “Requests for Production of Documents” aka Inspection Demands Set One pursuant to Code of Civil Procedure sections 2030.290, subdivisions (b), ...
2021.10.21 Motion for Pretrial Discovery of Financial Condition 707
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.21
Excerpt: ...aintiff of evidence of the profits or financial condition of a defendant is prohibited, unless the court enters an order permitting it. (2 Witkin, Cal. Evid. (5th ed. 2021) Discovery, § 18.) “No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) [i.e., defendant's profits gained by virtue of the wrongful course of conduct of the nature and type shown by t...
2021.10.19 Motion to Quash Deposition Subpoenas 089
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.19
Excerpt: ...oks, documents, or other things … at the taking of a deposition, the court, upon motion … may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of th...
2021.10.14 Application for Default Judgment 767
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.14
Excerpt: ...Nelson Blvd., Selma, CA 93662. According to the allegations of the Complaint, defendant was a corporation doing business in California but headquartered in Japan. Defendant acquired the property via Grant Deed on July 25, 1990. Plaintiff's husband (Frank Matsuoka) was an employee of defendant and in charge of its business in the United States. He was also designated as its agent for service of process. Defendant ceased doing business in Californi...
2021.10.14 Demurrer, Motion to Strike 498
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.14
Excerpt: ...is operative. Three causes of action are alleged therein: (1) general negligence; (2) violation of the Consumer Legal Remedies Act (‘CLRA') § 1750 et. seq.; and (3) negligent misrepresentation. Plaintiff alleges in the second cause of action: “[P]rior to the filing of this Third Amended Complaint, [plaintiff] mailed to Defendant, via certified and regular mail, a Consumer Legal Remedies Act notification and demand letter, notifying Defendant...
2021.10.14 Motion for Summary Judgment 698
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.14
Excerpt: ... subd. (c).) Where defendant is the moving party, summary judgment is proper where defendant demonstrates the absence of an essential element of the plaintiff's case. (Dolquist v. City of Bellflower (1987) 196 Cal.App.3d 261, 266.) “Because of the very drastic nature of the summary judgment statute, power given thereby should be used with caution, and hence when there is doubt as to the propriety of the motion, courts should, without hesitancy,...
2021.10.13 Motion to Compel Production of Yearly Financial Statements 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.13
Excerpt: ... Civil Procedure section 2016.010, et seq. (Compare, e.g., Civil Code § 3295.) Specifically, plaintiffs appear to move to compel a further response to Request for Production of Documents, Set Two, Number 22, which seeks from all defendants, “yearly financial statements for 2015‐2019, including profit and loss statements, that reflect the components of the total overhead expenses incurred by each of YOUR apartment complexes.” (Declaration o...
2021.10.13 Motion for Summary Judgment 607
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.13
Excerpt: ...��[I]n any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” (Hanson v. Grode (1999) 76 Cal.App.4th 6...
2021.10.07 Motion to Compel Responses, for Monetary Sanctions 398
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.07
Excerpt: ...t of papers. In the future the moving party must reserve the proper number of motions. Moving party shall pay an additional filing fee of $120.00 to be due and payable to the court clerk within 30 days of service of the minute order by the clerk. (Gov. Code § 70617, subd. (a).) To grant the moving party's motion to compel responses to the Form Interrogatories‐general (set one), Special Interrogatories (set one), and Request for Production of D...
2021.10.07 Demurrer, Motion to Strike 117
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.07
Excerpt: ...ndants to Strike Tentative Ruling: To grant defendants' motion to strike the first, second, third and fifth causes of action of the Second Amended Complaint (“SAC”). To deny the motion to strike punitive damage allegations. (Code Civ. Proc., § 436, subd. (a), (b).) To sustain the demurrer to the SAC's fourth cause of action, without leave to amend, only as to defendants Sherri Jones, Brandon Price, Emi Komaki, Sara Arad, David Mwangi, Virgin...
2021.10.07 Demurrer 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.07
Excerpt: ... To strike, sua sponte, the Second Amended Complaint filed on February 9, 2021. (Code Civ. Proc., § 436, subd. (b).) Explanation: Meet and Confer. Before filing a demurrer, the demurring party “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer[.]” (Code Civ. Proc., § 430.41, subd. (a), emphasis added; see also Judicial Council form CIV‐140.) Where the parties are unable to su...
2021.10.05 Motion to Quash Deposition of PMK 338
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.05
Excerpt: ...bsence of contrary court order, a civil litigant's right to discovery is broad.”].) “In civil litigation, discovery may be obtained from a nonparty only through a ‘deposition subpoena.' [Citation.]” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127; Code Civ. Proc. § 2020.010, subd. (b).) However, “Discovery procedures are generally less onerous for strangers to the litigation. That is because they are less likely to be r...
2021.10.05 Motion for Summary Judgment 718
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.05
Excerpt: ...rofessional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” [Citation.]'” (Hanson v. Grode (1999) 76 Cal.App.4th 601, 606.) However, the standard of care against which physicians acts are mea...
2021.10.05 Motion for Preliminary Approval of Class Settlement 227
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.10.05
Excerpt: ...(Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally cer...
2021.09.21 Motion for Preliminary Approval of Settlement 457
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.21
Excerpt: ...l be considered on September 21, 2021, at 4:00 p.m. in Department 403. Explanation: Certification of Class for Settlement: Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803...
2021.09.21 Demurrer 497
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.21
Excerpt: ...mplaint Tentative Ruling: To overrule the demurrer, with defendants Robert G. Melenbacker (individually and as trustee of the Robert and Cynthia Melenbacker Trust Dated June 5, 2009), Marvin A. Farris (individually and as trustee of the Marvin and Cindy Farris Family Trust Dated May 31, 2006), Rodney O. Swenson (individually and as trustee of the Swenson Family Trust of 1998), and Ted Torosian granted 10 days' leave to file their Answer(s) to the...
2021.09.16 Dismissal and Imposition of Monetary Sanctions 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.16
Excerpt: ...of cases filed by Enrique Reyes and Guadalupe Reyes (Plaintiffs) that, taken as a whole, constitute “deliberate and egregious misconduct” sufficient to support dismissal. (Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 738, 762.) To monetary sanctions in favor of the Kutnerian Defendants and against Plaintiffs and James Michel, jointly and severally, in the amount of $17,852.31 pursuant to Code of Civil Procedure section 12...
2021.09.16 Motion to Set Aside Default 008
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.16
Excerpt: ...ading. To deny the motion to set aside default as to defendants Donald Krouskup, Askem Farms LLC, and McCall Village Mobile Home Park LLC, without prejudice. Explanation: On May 12, 2019, plaintiff filed suit alleging five causes of action: breach of express warranty; revocation of acceptance; breach of contract; breach of implied warranty of merchantability; and fraud in the inducement. Proofs of service were subsequently filed. On March 29, 202...
2021.09.09 Demurrer 487
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.09
Excerpt: ...ount shall file and serve its First Amended Cross‐Complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. If oral argument is timely requested, such argument will be conducted at 2:30 p.m. on September 9, 2021, in Department 501. Explanation: Catamount has cross‐ complained against Dusten Perry (“Perry”) for equitable indemnity, contribution and declaratory relief on the assertion that Perr...
2021.09.08 Motion to Compel Arbitration 318
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.08
Excerpt: ... denial of the motion exists (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) Defendant contends that the alleged arbitration agreement in this case is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq. Section 2 o...
2021.09.02 Motion for Summary Judgment 528
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.02
Excerpt: ...roposed judgment consistent with the court's summary judgment ruling. Explanation: “‘[I]n any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage re...
2021.09.01 Motion to Stay Proceedings 268
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.09.01
Excerpt: ...pp.4th 876, 885‐886 citing Keating v. Office of Thrift Supervision (9th Cir. 1995) 45 F.3d 322.) When a litigant seeks a stay based upon parallel criminal proceedings, an analysis should be undertaken "in light of the particular circumstances and competing interests involved in the case.” (Avant! v. Superior Court, supra, 79 Cal.App.4th at p. 885.) Courts should consider the following factors (“the Keating factors”): (1) the interest of t...
2021.08.26 Motion for Preliminary Approval of Class Action Settlement 218
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.26
Excerpt: ...n a request for continuance to a later date, if plaintiff needs more time. Explanation: The court will allow the additional pages of the memorandum, as requested in the brief itself. However, in the future counsel should request this relief ex parte, prior to filing the brief. As for conditional class certification, plaintiff bears the burden of establishing the propriety of class treatment with admissible evidence. (Richmond v. Dart Industries, ...
2021.08.26 Motion for Final Approval of Class Action Settlement, for Attorney Fees 417
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.26
Excerpt: ...s sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. 2. Settlement Previously, the court found that the settlement was fair and reasonable based on the evidence that plaintiff submitted in support of the motion for preliminary approval. It does not appear that there is any reason for the court...
2021.08.25 Motion for Summary Adjudication 278
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.25
Excerpt: ... of the first cause of action. Explanation: The Underlying Case In the underlying Case No. 13CECG03811 entitled Cal LeDuc; Tori Abby; Miley Abby, a minor by and through her Guardian ad litem, Tori Abby, Mandy Jobe, Lukus LeDuc, Jay LeDuc and Cal LeDuc as successor in interest to the estate of Marsha Kay LeDuc v. Mario Alberto Guerro; Daniel M. Canchola and Guerra Produce, defendants filed for bankruptcy protection on April 24, 2017, shortly befor...
2021.08.24 Motion for Summary Judgment 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.24
Excerpt: ...itially asserting three cases of action: deceit, fraud and negligent misrepresentation. Between February and October 2016, multiple demurrers were sustained so that plaintiffs' only remaining cause of action is malicious prosecution. On May 3, 2017, CCS filed the instant motion for summary judgment, based on: (1) collateral estoppel/res judicata; (2) failure to prove the elements of malicious prosecution; and (3) statute of limitations. This cour...
2021.08.19 Motion for Summary Judgment, Adjudication 237
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.19
Excerpt: ...n: “‘Summary judgment is granted when there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.'” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 713, quoting Code Civ. Proc. § 437c(c).) Summary judgment is properly directed toward the entire complaint and not portions thereof. (see Barnick v. Longs Drug Stores, Inc. (1988) 203 Cal.App.3d 377, 384; Khan v. Shiley, Inc. (1990) 217...
2021.08.18 Special Motion to Strike 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.18
Excerpt: ...rior Court Case No. 15CECG00659; In Re: Reyes U.S. Bankruptcy Court (E.D. Cal.) Case No. 18‐11357‐B‐13 and Reyes v. Bernel Fresno Superior Court Case No. 18CECG00202 as Exhibits 1‐8 attached to Defendants' Request for Judicial Notice. However, the court will not take judicial notice of Defendants' analysis of these cases. (See Fremont Indem. Co. v. Fremont Gen. Corp., supra, 148 Cal.App.4th at 113; Tenet Healthsystem Desert, Inc. v. Blue ...
2021.08.17 Motion to Renewal 370
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.17
Excerpt: ...a motion when it has already brought a prior motion for the same relief, but the prior motion was denied, or only granted conditionally or on terms. The party moving for renewal must also specify what application was made, to what judge, when it was made, and what order or decision was made. (Code Civ. Proc. § 1008, subd. (b).) The renewal motion must also state what new or different facts, circumstances, or law exist that justify renewing the p...
2021.08.17 Motion for Terminating Sanctions 518
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.08.17
Excerpt: ...of Defendant Virginia Valenzuela and against Plaintiff. (Code Civ. Proc. §§ 2023.010, subd. (g), and 2025.450, subd. (h).) Plaintiff is ordered to pay $846.75 in sanctions to the Carbone, Smith & Koyoma law firm, within 30 days of the clerk's service of the minute order. If a timely request for oral argument is made, such argument will be conducted on August 18, 2021, at 3:30 p.m., in Department 501. Explanation: Code of Civil Procedure section...

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