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2021.01.20 Motion for Summary Judgment 789
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.01.20
Excerpt: ...ficers that adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits complying with subdivisions (c) and (d) is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being...
2021.01.13 Motion for Summary Judgment, Adjudication 688
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.01.13
Excerpt: ...wing the nonexistence of a triable issue of material fact. (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1165; Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 714.) Plaintiff filed a Judicial Council Form Complaint on form PLD‐PI‐100 and used attachment PLD‐PI‐100(4) to allege a single “cause of action” for premises liability, in three “counts,” each stating a different legal theory: negligence, willful failure to warn [Civil ...
2020.12.16 Motion to Compel Further Responses, for Monetary Sanctions 097
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.12.16
Excerpt: ...fter “Defendant”) shall provide further verified responses to Demand for Production of Documents nos. 1‐ 27, Form Interrogatory nos. 1.1, 2.2, 2.5‐2.13, 3.1, 3.5‐3.7, 4.1, 4.2, 12.1‐ 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.7, 16.8, 17.1 and 50.1‐50.6, Special Interrogatory nos. 1‐21, and Requests for Admissions nos. 1‐22. The motion is denied as to Form Interrogatory no. 1.1. All documents responsive to the Demand for...
2020.12.16 Motion for Preliminary Approval of Class Action Settlement 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.12.16
Excerpt: ...ing: To deny the motion, without prejudice. Explanation: Effect of Prior Settlement in Meza v. Verizon California, Inc. Plaintiffs' present motion does not discuss whether the prior settlement in Meza v. Verizon California, Inc. affects the settlement of the other related actions that plaintiffs are now seeking to settle. The court has already granted final approval of the class settlement in the Meza action on August 1, 2019, in the amount of $8...
2020.12.08 Motion to Stay Proceedings 908
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.12.08
Excerpt: ...t matter as is involved in a state court action in California, the state court has the discretion but not the obligation to stay the state court action.(Benitez v. Williams (2013) 219 Cal.App.4th 270; Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800; Gregg v. Superior Court (1987) 194 Cal.App.3d 134.) In exercising its discretion, this court should consider the importance of discouraging multiple litigation designed ...
2020.12.03 Motion for Summary Judgment, Adjudication 798
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.12.03
Excerpt: ...In a suit for tax refund, the burden of proof is on the taxpayer (Flying Tiger Line v. State Bd. of Equal. (1958) 157 Cal.App.2d 85, 99 [320 P.2d 552]), not only to demonstrate the Board's determination is incorrect, but also to produce evidence from which a proper tax determination can be made. (People v. Schwartz (1947) 31 Cal.2d 59, 64 [187 P.2d 12].) The taxpayer must affirmatively establish the right to a refund of the taxes by a preponderan...
2020.12.03 Demurrer 524
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.12.03
Excerpt: ...de of Civ. Proc., § 430.10, subd. (e).) The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545.) Accordingly, “[b]ecause the function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint, we assume the truth of all properly pleaded factual allegations.” (Los Altos Golf & Country Club v. County of Santa Clar...
2020.12.02 Motion to Quash Subpoenas or for Protective Order, for Sanctions 689
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.12.02
Excerpt: ...itney McDougall. To deny a protective order and sanctions. Explanation: On or about September 17, 2020, and September 21, 2020, defendants caused to be issued a number of subpoena duces tecum. The subpoenas dated September 17, 2020, are as follows: (1) Stanislaus County Welfare Office as to Vanessa McDougall, order number 346458‐012; (2) Modesto DMV as to Vanessa McDougall, order number 346458‐013; (3) Stanislaus County Superior Court as to V...
2020.11.17 Demurrer, Motion to Strike 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.11.17
Excerpt: ... (Code Civ. Proc. § 430.10, subd. (e).) Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. To deny the motion to strike, in its entirety. (Code Civ. Proc. §§ 435; 436.) Explanation: Demurrer: With regard to the sixth cause of action for violation of Labor Code section 226, failure to provide accurate wage statements, defendants argue that...
2020.11.17 Demurrer, Motion to Strike 407
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.11.17
Excerpt: ... of the fourth cause of action. (Code of Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike. Leave to amend granted. Plaintiff is granted 10 days' leave to file a First Amended Complaint. The time in which the Complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type. Explanation: Special Demurrer (Code of Civ. Proc. § 430.10, subd. ...
2020.11.12 Motion for Summary Judgment 097
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.11.12
Excerpt: ...ablish one or more elements of her causes of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and this must be shown via specific facts and not mere allegations. (Id.) “California courts have incorporated the expert eviden...
2020.11.05 Demurrer 607
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.11.05
Excerpt: ... subd. (e).) Plaintiff is granted 10 days' leave to file the Second Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the Second Amended Complaint are to be set in boldface type. Explanation: Demurrer, in General The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d...
2020.11.03 Motion for Summary Judgment, Adjudication 089
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.11.03
Excerpt: ...rst cause of action for disability or medical condition discrimination, arguing that plaintiff cannot meet her prima facie burden of showing that she was terminated because of her medical condition or disability. FEHA provides, in relevant part, that it shall be an unlawful employment practice for an employer, because of the physical disability or medical condition of any person, to refuse to hire or employ the person or to bar or to discharge th...
2020.10.29 Motion to Strike (Anti-SLAPP) 887
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.29
Excerpt: ... is the same for each cause of action, since they are based on the same underlying facts. A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grievances.” (Code Civ. Proc., § 425.16, subd. (a).) The provisions of the anti‐SLAPP statute are to be construed broadly in order to safeguard the constitut...
2020.10.29 Motion for Summary Adjudication 878
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.29
Excerpt: ...f Rights, which is granted without leave to amend. Defendant is granted 10 days' leave to file its answer to the complaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Demurrer The Complaint alleges sufficient facts for a cause of action for Elder Abuse and Neglect if the plaintiff shows: (1) Defendant had a responsibility for meeting the basic needs of Plaintiff; (2) Defendant kn...
2020.10.27 Motion for Summary Judgment, Adjudication 707
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.27
Excerpt: ...urth Amended Complaint. (Code Civ. Proc. § 437c.) Explanation: First of all, plaintiff Peter Farrington's claims against CCMC are time‐barred. Under Code of Civil Procedure section 340.5, In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or throu...
2020.10.27 Demurrer, Motion to Strike 488
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.27
Excerpt: ...436.) To grant leave to amend. Plaintiffs would be granted 10 days' leave to file a Second Amended Complaint. The time in which such pleading can be amended will run from service by the clerk of the minute order. New allegations in the Second Amended Complaint are to be set in boldface type. Explanation: Demurrer Demurrer, in General The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plum...
2020.10.22 Motion for Summary Judgment, Adjudication 017
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.22
Excerpt: ... owes on his accounts. With regard to the breach of contract cause of action, the elements of a contract claim are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) resulting damages. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Here, plaintiff's evidence shows that the parties entered into a series of contracts starting in 1991 and ending with a revised...
2020.10.21 Motion for Summary Judgment, Adjudication 298
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.21
Excerpt: ...s legally entitled to judgment on the basis of the facts presented. (Kojababian v. Genuine Home Loans, Inc. (2009) 174 Cal.App.4th 408, 416; Kulesa v. Castleberry (1996) 47 Cal.App.4th 103.) Moving party must demonstrate that the opposing party does not have and cannot reasonably obtain evidence to raise factual or legal issues with regard to matters raised in the pleadings. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 854.) Evidence is ...
2020.10.21 Motion for Summary Adjudication 388
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.21
Excerpt: ... breach of oral or implied contract, and the third cause of action for breach of the implied covenant of good faith and fair dealing on the ground that plaintiff's employment was at‐will, and therefore they had the right to fire him at any time with or without cause. However, there are triable issues of material fact as to whether plaintiff was an at‐will employee, or whether he had a partly written and partly oral agreement to work for defen...
2020.10.21 Motion for Attorney Fees 380
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.21
Excerpt: ...llate attorney fees unless the statute specifically provides otherwise.” (Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499.) Accordingly, “[s]ince [Code of Civil Procedure] section 425.16, subdivision (c) provides for an award of attorney fees and costs to a prevailing defendant on a special motion to strike, and does not preclude recovery of appellate attorney fees by a prevailing defendant‐respondent, those fees are recoverable.” (Dove A...
2020.10.20 Motion for Attorney's Fees 873
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.20
Excerpt: ... “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) Here, it is clear that pla...
2020.10.20 Demurrer, Motions to Strike 805
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.20
Excerpt: ...nation: Code of Civil Procedure sections 435.5 and 430.41 require in‐person or telephonic meet and confer prior to filing a motion to strike or demurrer. Slack's counsel sent a meet and confer letter but did not make any effort to meet and confer in person or by telephone. Ordinarily the court would take the motions off calendar pending compliance with this statutory requirement. In this instance the court will not do so due to the delays in he...
2020.10.07 Motion for Pretrial Discovery 149
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.07
Excerpt: ... (c), “No pretrial discovery by the plaintiff shall be permitted with respect to the evidence [of defendant's financial condition] unless the court enters an order permitting such discovery pursuant to this subdivision.” (Civ. Code, § 3295, subd. (c).) “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 d...
2020.10.07 Motion for Attorney's Fees 080
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.07
Excerpt: ...t, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ. Code, § 1717, subd. (a).) Also, under Code of Civil Procedure section 1033.5, attorney's fees are allowable as an item of costs when authorized b...
2020.10.06 Motion to Set Aside or Vacate Motion to Vacate Renewal of Judgment 341
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.10.06
Excerpt: ...ggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: … Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts …” A Section 663 motion must be directed at a final judgment. (Remington v. Davis (1951) 108 Cal.Ap...
2020.09.30 Motion for Summary Judgment 028
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.30
Excerpt: ...itial burden of proof to show that plaintiffs cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and this must be shown via specific facts and not mere allegations. (Id....
2020.09.29 Motion for Judgment on the Pleadings 478
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.29
Excerpt: ...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. (April Enterprises, Inc. v. KTTV (1983) 147 Cal.App.3d 805, 815; Rangel v. Interinsurance Exchange (1992) 4 Cal.4th 1, 7.) The applicable standards oblige the court to indulge all inferences in favor of the party against whom the motion was made and bars the court from inferring a fact that might defeat the cl...
2020.09.22 Motion for Summary Judgment, Adjudication 988
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.22
Excerpt: ...nd, Third, Fourth, and Sixth Causes of Action Under FEHA: Defendant contends that the undisputed facts show that plaintiff was unable to perform the essential functions of his job, with or without accommodation, and therefore plaintiff cannot prevail on his FEHA claims. “FEHA prohibits employment discrimination based on a physical disability. (Gov. Code, § 12940, subd. (a).) The Legislature has made it clear that FEHA's statutory provisions ar...
2020.09.09 Motion for Leave to Amend Complaint 089
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.09
Excerpt: ...adjudication be deemed to seek summary adjudication of the First Amended Complaint's (“FAC”) seventh cause of action. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) Plaintiff shall file and serve the First Amended Complaint within 5 days of service of the order by the clerk. To grant SCCCD's motion to compel answers to deposition questions as to question numbers 30‐35 (as set forth in SCCCD's separate statement), and to deny the remainder ...
2020.09.09 Demurrer 909
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.09
Excerpt: ...l essential elements of each cause of action have been alleged. (Code Civ. Proc., §§ 422.10 and 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) In ruling on a demurrer, the court should construe the complaint liberally “with a view to substantial justice between the parties.” (Code Civ. Proc., § 452; Stevens v. Sup.Ct. (API Auto Ins. Services) (1999) 75 Cal.App.4th 594, 601; Perez v. Golden Empire Transit Dist. (2012)...
2020.09.03 Motion to Require CSR to Provide Copy of Deposition Transcript 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.03
Excerpt: ...d. (c); Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, 1036.) The court intends to find that $2.50 per page is a reasonable rate to charge for the transcript. The court also intends to find that plaintiffs are not required to pay for additional charges such as “litigation packages” and “condensed copies” if they have not requested them. Finally, the court intends to deny the request for attorney's fees and costs...
2020.09.03 Motion to Compel Production of Peace Officer's Personnel Records 758
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.03
Excerpt: ... September 10, 2020, in Department 501. To the extent the court compels production of any personnel records to plaintiff, the court will issue a protective order limiting use of the records to the present litigation only, and requiring plaintiff's counsel to return the records to the Attorney General's office upon conclusion of the litigation. Explanation: Under Evidence Code section 1043, subdivision (a), “In any case in which discovery or dis...
2020.09.01 Demurrer 899
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.01
Excerpt: ...in which such pleading can be amended will run from service by the clerk of the minute order. New allegations in a Second Amended Complaint are to be set in boldface type. In the event plaintiff elects to not file a Second Amended Complaint, defendant shall file an Answer to the First Amended Complaint within 30 days from the date of this order. Explanation: As a preliminary matter, defendant's reply contends that plaintiff's admission that the l...
2020.08.27 Motion to Set Aside Dismissal 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.27
Excerpt: ...at date plaintiff's former attorney (Benjamin Hakimfar of Kabateck Brown Kellner, LLP) filed a request for dismissal of the action with prejudice. The dismissal was the result of a settlement agreement between the parties, which was negotiated between Mr. Hakimfar and defendant's attorney. The dismissal was signed on behalf of plaintiff by Mr. Hakimfar and the dismissal was entered. No executed release by plaintiff acknowledging the permanent los...
2020.08.25 Motion for Corrective Action 457
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.25
Excerpt: ...ss members (as defined in Plaintiff's First Amended Complaint) are hereby invalidated and deemed unenforceable. To further order defendants to send a curative notice to the putative class members who signed an Employee Arbitration Agreement informing them that the “Class Action Waiver(s)” provision contained in the Employee Arbitration Agreement in question have been invalidated and rendered unenforceable by the court, and that they are still...
2020.08.20 Joinder, Motion for Summary Judgment, Adjudication, to Compel Responses 707
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.20
Excerpt: ... for Production of Documents, Statement of Damages, and for Monetary Sanctions Tentative Rulings: To grant defendant Fresno Community Hospital's motion for joinder of omitted heir. (Code Civ. Proc. §§ 382 and 389.) To grant Dr. Gill's motion for summary adjudication of the medical battery cause of action alleged against him. (Code Civ. Proc. § 437c.) To grant Dr. Rohlen's motion for summary adjudication of the fraud and medical battery/wrongfu...
2020.08.20 Motion for Attorney Fees 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.20
Excerpt: ...ttorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to make an initial determination of the actual time expended; and then to ascertain whether under all the circumstances of the case the amount of actual time expended and the monetary charge...
2020.08.20 Motion for Attorney's Fees 868
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.20
Excerpt: ... submitted in support of defendant's opposition. To grant plaintiffs' motion for attorney's fees in the amount of $ 41,385.00. To also award costs and expenses of $ 2,509.98. Payment shall be made by defendant General Motors, LLC, to the Knight Law Group within 30 days of the clerk's service of this minute order. Explanation: In the case at bar, plaintiffs move pursuant to Civil Code section 1794. Plaintiffs seek attorney's fees in the amount of ...
2020.08.20 Motion for Summary Judgment 072
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.20
Excerpt: ...remises serving as a hazard, and further allowed said dangerous condition to remain in disrepair, notwithstanding the fact that Defendants knew and/or should have known of the dangerous condition but failed to warn and/or repair, remedy the dangerous condition, that “there had been numerous prior Incidents.” Defendant has the burden of proving that there is a complete defense or that plaintiff cannot establish one or more elements of each of ...
2020.08.19 Motion for Leave to File Answer-in-Intervention, to Set Aside Default 478
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.19
Excerpt: ...e to file answer. Explanation: Motion to File Answer‐in‐Intervention: Under Code of Civil Procedure section 387, subdivision (d)(1), “The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: … The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situat...
2020.08.18 Motion to Vacate Dismissal, for Leave to Amend 478
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.18
Excerpt: ... order. Explanation: Plaintiffs' motion to set aside the dismissal has been brought more than six months after they originally entered the dismissal of Delta Cleaners, so they cannot seek relief under Code of Civil Procedure section 473, subdivision (b), which requires that such motions be brought within six months of the default, default judgment, or dismissal. (Code Civ. Proc. § 473, subd. (b).) Instead, they seek to set aside the dismissal un...
2020.08.05 Motion to Reclassify 997
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.08.05
Excerpt: ...he court. At the continued hearing, the court will take limited, competent evidence from plaintiff and any witness she offers to support her general damages. Plaintiff and any other witnesses may appear via CourtCall. To deny the motion for sanctions. Explanation: Defendant's Reclassification Motion Civil cases formerly within the jurisdiction of municipal courts are classified as “limited” civil cases, while matters formerly within the juris...
2020.07.30 Motion to Stay Proceedings 858
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.30
Excerpt: ...stice require such action. (People v. Coleman (1975) 13 Cal.3d 867, 885; Avant! Corp. v. Superior Court (2000) 79 Cal.App.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 ...
2020.07.30 Motion to Compel Further Responses 500
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.30
Excerpt: ...he clerk, defendant General Motors, LLC, (GM) shall serve further verified responses to Request for Production of Documents, Set One, Nos. 10‐ 12, 16, 17, 20, 23‐26, 28, 29, 37, 38 and 40‐75, without objection, and produce all responsive documents. Plaintiff and defendant shall also meet and confer and agree on a protective order pursuant to which the records will be produced. To grant the motion to compel further responses to Special Inter...
2020.07.23 Motion to Compel Second Deposition, IME 758
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.23
Excerpt: ...and confer with regard to dates and locations for the second deposition and IME. Explanation: “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code Civ. Proc., § 2025.610, subd. (a).) “Thus, a natural person may ...
2020.07.23 Demurrer, Motion to Strike 577
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.23
Excerpt: ...tions and prayers regarding emotional distress and punitive damages, without leave to amend. (Code Civ. Proc. §§ 435 and 436.) To deny Price's motion to strike the cause of action for declaratory relief. (Ibid.) Explanation: Demurrer – Compliance with Government Tort Claims Act: Price demurs to the second through seventh causes of action based on plaintiff's failure to show that he filed a government tort claim naming him as a potential defen...
2020.07.16 Motion to Invalidate Releases and Restrict Communications with Potential Class Members 218
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.16
Excerpt: ...t the releases which are the subject of this motion are invalidated. To find that no curative notice is required at this time. Explanation: 1. Findings of Fact The court sustains the objections on the grounds of hearsay to plaintiff's counsel's declaration. The admissible evidence shows defendant's owner appointed an employee to give presentations about a settlement offer to three groups of employees on Christmas Eve 2019, about a month after the...
2020.07.16 Motion for Terminating Sanctions, for Summary Judgment, Adjudication 668
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.16
Excerpt: ...e: To deny terminating sanctions, but to issue evidence sanctions as specified below. (Code Civ. Proc., § 2023.030, subd. (c).) (2) Defendant's Motion for Summary Judgment, or Alternatively for Summary Adjudication: To deny summary judgment. (Code Civ. Proc., § 437c, subd. (c).) To grant summary adjudication of plaintiff's eighth and ninth causes of action of the First Amended Cross‐ Complaint (FACC), and to deny as to the remainder of plaint...
2020.07.16 Motion for Summary Adjudication 618
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.07.16
Excerpt: ...First, the appellate court must identify the issue framed by the pleadings. Second, we determine whether the moving party has met its statutory burden of proof. Once the defendant has made such a showing, the burden shifts to the plaintiff to produce evidence that a triable issue of fact exists as to an essential element of the cause of action. The third and final step is to determine whether the opposing party has demonstrated that a triable iss...

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