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2023.10.24 Motion for Judgment on the Pleadings 248
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Excerpt: ...h 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735 ["'motion for judgment on the pleadings is equivalent to a demurrerml.) The purpose of the Government Claims Act ("Claims Act") is "to give the public entity the opportunity to investigate and settle the claim without the cost of litigation[l" (Le Mere v. Los Angeles Unified School DIst. (2019) 35 Cal.App.5th 237, 247), and accordingly courts typically view the "present...
2023.10.24 Motion for Attorney Fees 290
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Excerpt: ...'s fees and court costs as may be Þxed by the court.” (Health & Saf. Code, § 17980.7, subd. (c)(11).) Also, “[i]f the court Þnds that a building is in a condiŸon which substanŸally endangers the health and safety of residents pursuant to SecŸon 17980.6, upon the entry of any order or judgment, the court shall do all of the following: … Order the owner to pay all reasonable and actual costs of the enforcement agency including, but n...
2023.10.19 Demurrer 078
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.19
Excerpt: ... Explanation: Plaintiff Jeff Reich individually and doing business as The Reich Law Firm (together "Reich"), filed suit on July 19, 2021, to collect fees due for litigation services provided to Lucille Srabian and Morris Srabian in a prior lawsuit. Lucille Srabian ("Srabian") filed a Crosscomplaint against Reich. Srabian filed no opposition to the demurrer. Grounds for Demurrer to Cross-complaint Srabian's Cross-complaint has three causes of acti...
2023.10.18 Motion to Compel Further Responses, for Sanctions 708
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.18
Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...
2023.10.17 Demurrer to SAC 289
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.17
Excerpt: ...n: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2W7) 42 Cal.4th 201, the California Supreme Court ...
2023.10.11 Motion for Summary Judgment, Adjudication 006
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.11
Excerpt: ...tiff cannot prevail on her first cause of action for harassment based on her disability because she was not subjected to any severe or pervasive conduct that would qualify as harassment during her employment with Saint Agnes. "In construing California's FEHA, this court has held that the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe. This limitation mirrors the federal cou...
2023.10.11 Demurrers to SAC 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.11
Excerpt: ...counsel shall call the court to take the demurrer as to defendant Person off calendar. If it does not resolve the issues, counsel for defendant Person shall file a declaration on or before November 1, 2023, stating, in detail, the efforts made. Defendant Fresno Unified School District's demurrer is continued in order to have the motions heard the same date. Explanation: Ctxle of Civil Procedure section 430.41, subdivision (a), makes it clear that...
2023.10.10 Motion to Strike 378
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.10
Excerpt: ...If a timely request for oral argument is made, such argument will be entertained on Wednesday, October 11, 2023, at 3:30 p.m. Explanation: Meet and Confer Plaintiffs assert that defendants failed to comply with Code of Civil Procedure section 435.5. Specifically, plaintiffs argue that defendants failed to meet and confer with plaintiffs regarding the issues raised by the motion to strike, though defendants still had ample time to meet and confer ...
2023.10.10 Motion to Stay 798
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.10
Excerpt: ...efendant California Department of Transportation ("Defendant") seeks to stay the present matter in favor of allow-ng a parallel proceeding between it and plaintiff Maisa Kurdi ("Plaintiff") to proceed. An application for a stay is addressed to the sound discretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) In exercising its discretion, the court should consider the importance of, among other things, avoiding ...
2023.10.10 Motion to Establish Admissions, for Sanctions 067
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.10
Excerpt: ... matters specified in the Requests for Admission, Set Two, are to be deemed admitted unless each defendant serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Prcyc., S 2033.280, subd. To grant monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $940.00 as to each defendant. Mone...
2023.10.06 Demurrer to FAC 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.06
Excerpt: ...f the minute order. Explanation: The function of a demurrer is to test the suffciency 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 difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.A...
2023.09.28 Demurrer 687
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ...rrer that "[tlhe complaint is just stating allegations without one proof, no evidence was given that supports those allegations whatsoever." (See Demurrer at p. 2:4.) However, in deciding a demurrer, "the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) In other words, the court does not concern itself with the issue of plaintiff's...
2023.09.28 Demurrer to FAC 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ...tion of Los Angeles Superior Court Case Number 20STCV33816. If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: A defendant may make a plea in abatement pursuant to Code of Civil Procedure section 430.10, subdivision (c). This section provides for a demurrer based on "another action pending between the same parties on the same cause of action." (Code Civ. Proc.,...
2023.09.28 Motion to Compel Further Responses, for Monetary Sanctions 687
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...
2023.09.27 Petition to Compel Compliance with Subpoenas 057
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ...dards Enforcement (DLSE), which seek certain documents and the names of witnesses against it in the administrative proceeding the DLSE has brought against it for failure to list Covid-19 supplemental leave on its employees' wage statements. Petitioner contends that it needs this information in order to prepare its defense and to avoid unfair surprise at the informal administrative hearing on fts appeal of the citations. Petitioner cites to arovel...
2023.09.27 Demurrer, Motion to Strike 778
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ... to amend. Explanation: Demurrer: "The purpose of the [Elder Abuse Act was) essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33; see also Covenant Care, Inc. v. Superior Court (2CN) 32 Cal.4th 771, 787.) "In order to obtain the remedies available in section 15657, a plaintiff must demonstrate by clear and convinci...
2023.09.27 Demurrer to SAC 805
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ...service of the order by the clerk. Explanation: Second Cause of Action A class-of-one plaintiff, such as is the case here, must allege "that (1) the plaintiff was treated differently from other similarly situated persons, (2) the difference in treatment was intentional, and (3) there was no rational basis for the difference in treatment." (Las Lomas Land Co., LLC v. City of Los Angeles (20439) 177 Cal.App.4th 837, 858.) The City of Fresno ("City"...
2023.09.21 Motion to Dismiss Class Action Allegations 833
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...counsel failed to file the motion for class certification by the court-ordered deadline. Defendant also claims that plaintiff has refused to comply with discovery requests, which has forced defendant to file requests for pretrial discovery conferences and motions to compel. Defendant claims to have been prejudiced by plaintiffs' obstruction of discovery and failure to bring a moton to certify the class in a timely manner. In addition, defendant c...
2023.09.21 Motion for Protective Order, to Quash 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...iff's request for sanctions. Explanation: This is an action arising out of the alleged sexual abuse of a student, J.L„ by a teacher, David Blancas, at Monson-Sultana Joint Union Elementary School ("MonsonSultana"). Plaintiff alleges that he suffered sexual abuse between the ages of 10 and 13, from 6th to 8th grade. In February 2015 Monson-Sultana filed a motion for summary judgment on the ground that this action is time barred. In response, on ...
2023.09.21 Motion for Preliminary Class Settlement Approval of Class Action and PAGA Settlement 138
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ... ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can ...
2023.09.21 Demurrer, Motion to Strike 178
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...type. Explanation: Late Filed Reply Defendant filed its reply pa#rs on September 19, 2023, two days before the hearing on these motions. Reply papers must be filed at least five court days before the hearing. Civ. Proc., S The court has discretion to refuse to consider such late filed papers in ruling on the motion. (Cal. Rules of Court, rule 3.13W(d).) The court will not consider the late filed reply. Demurrer The function of a demurrer is to te...
2023.09.20 Motion for Terminating Sanctions 799
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.20
Excerpt: ... Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure section 2023.010, subdivision (g), makes "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctions are only authorized to the extent permitted by each discovery procedure. For failure to obey the court's discovery orders or to appear at a noticed deposition, ...
2023.09.20 Demurrer to FAC 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.20
Excerpt: ...boldface. Explanation: Defendant County of Fresno ("defendant") demurs to the First Amended Complaint ("FAC") on the grounds that the second and third causes of action of the FAC, for breach arising from special relationships and for breach of mandatory duties, fall to state sufficient facts to state a cause of achon against defendant. Defendant further demurs to the second and third causes of action for uncertainty. On a demurrer a court's funct...
2023.09.19 Demurrer 967
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...old print. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: A party may file a general demurrer on claims that "[tlhe pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 demurrer can be utilized where the complaint itself is incomplete ....' [Citations.]" l.) ...
2023.09.19 Motion for Preliminary Injunction 528
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...amirez (together "Plaintiffs") seek an order of preliminary injunction prohibiting defendants Gill Growers, Inc., Vindeep Gill, Lakhbir Gill, and Manjit K. Gill (collectively "Defendants") from: (1) Continuing to fail to maintain the sewer system at 11126 S. Orange Avenue, Fresno, California 93725 (the "Property"), consistent with Civil Ctxle section 1941.1 and Health and Safety Code sections 17920.3, subdivision (a)(14)-(15) and (c); (2) Continu...
2023.09.19 Motion to Compel Arbitration 709
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...h defendants. To stay the pending civil action, including the claims of John Broaddus, until the resolution of the arbitration. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: Pursuant to California Code of Civil Procedure section 1281.2, "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy an...
2023.09.19 Motion for Summary Judgment 184
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ... minute order, a proposed judgment consistent with the court's summary judgment order. (Code Civ. Proc„ S 437c, subd. To deny Fresno Community Hospital & Medical Center dba Community Regional Medical Center's ("CRMC") motion for summary judgment. (Code Civ. Proc., S 437c, subd. (c).) If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: Plaintiff alleges that defendants...
2023.09.19 Motion to Compel Further Responses 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...sponses to Form Interrogatory Numbers 2.5, 2.11, 2.12, 2.13, 8.2, 8.4, 9.1, 9.2, 12.1, 12.2, 12.3, 15.1, 17.1 (with the exception of any responses addressing Request for Admission Numbers 9, 12, 14-15, 24-34), 50.1, 50.2, 50.3, 50.4, 50.5, 50.6; special Interrogatory Numbers 3-8, 9-13, 15-16, 18-22; Request for Admissions Numbers 2- 8, 10-11, 13, 16-23, 35; and Request for Production Numbers 1-16. To deny defendant Premier Valley Bank's motion to...
2023.09.19 Motion to Consolidate 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...he Notice of Motion to Consolidate in case numbers 21CECG03062 and 22CECG00231 within 10 days of the clerk's service of the minute order. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: California Rules of Court, rule 3.350(a)(1)(C), requires the moving party to file the Notice of Motion to Consolidate in both cases proposed to be consolidated. The supporting memora...
2023.09.06 Motion for Summary Judgment, Adjudication 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.06
Excerpt: ...s of 10 and 13 years, from 6th to 8th grade. Monson-Sultana now moves for summary judgment or, alternatively, summary adjudication. Summary Adjudication Monson-Sultana does not move for summary adjudicaton of any particular causes of action, but that "No Administrative or Supervisory Employee of Monson- Sultana Joint Union Elementary School District Had Prior Knowledge, Nor Any Reason to Know, That David Blancas Had A Dangerous Propensity to Abus...
2023.09.06 Demurrer to FAC 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.06
Excerpt: ...wners who assigned to plaintiff their claims arising from the alleged impro#r foreclosure of their homes. Wells Fargo has demurred to the First Amended Complaint ("FAC") and all causes of action. Plaintiff's Suspended Corporate Status Wells Fargo first contends that because plaintiff had been suspended, it lacks capacity to sue. However, with the Request for Judicial Notice, plaintiff submits evidence that its status has been reinstated. As of Ma...
2023.09.06 Demurrer to FAC 827
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.06
Excerpt: ...ted to submit to this court, within 7 days of service of the minute order, a Proposed Judgment dismissing the action. Explanation: In 2021, Astroturf was awarded contracts for the addition of turf to McLane High School and Sunnyside High School in Fresno Unified School District. Plaintiff Dominick aerarducci, a manager for Astroturf, alleges defamatory statements were published by defendant Fresno Unified School District (FUSD) within a September...
2023.09.06 Demurrer 489
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.06
Excerpt: ...t she saw smoke coming from what appeared to be the mobile home of defendant Laura Christine Gribben (Gribben). When she went to inform Gribben, she observed Gribben's son, defendant Joshua Dale Cross (Cross), burning items outside Gribben's home and moving the items around with a garden hoe. As plaintiff tried to leave, Cross hit her in the head with the hoe, causing severe injuries. Gribben demurred to the fourth, fifth and sixth causes against...
2023.08.24 Motion for Summary Judgment 627
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.24
Excerpt: ...his error on plaintiff's part. Healthcare providers must possess and exerc:ise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in 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 h...
2023.08.24 Motion for Relief from Waiver of Objections, to Compel Further Responses, Deposition of PMK 270
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.24
Excerpt: ... for Production, Set Two Tentative Ruling: To grant defendant General Motors, LLC's motion for relief from waiver of objections asserted in its response to Request for Production of Documents, Set Two. To deny plaintiff Brooks' motion to compel further responses to requests for production, set one. To take off calendar plaintiff Brooks' motion to compel the deposition of defendant's person most knowledgeable for failure to file moving papers. To ...
2023.08.24 Demurrers 751
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.24
Excerpt: ...rp.; and Planet 13 Holdings, Inc., to the second, fourth, fifth, sixth, eighth and ninth causes of action of the First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. S 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action...
2023.08.23 Demurrers 751
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.23
Excerpt: ...rp.; and Planet 13 Holdings, Inc., to the second, fourth, fifth, sixth, eighth and ninth causes of action of the First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. S 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action...
2023.08.23 Motion for Relief from Waiver of Objections, to Compel Further Responses, Deposition of PMK 270
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.23
Excerpt: ... for Production, Set Two Tentative Ruling: To grant defendant General Motors, LLC's motion for relief from waiver of objections asserted in its response to Request for Production of Documents, Set Two. To deny plaintiff Brooks' motion to compel further responses to requests for production, set one. To take off calendar plaintiff Brooks' motion to compel the deposition of defendant's person most knowledgeable for failure to file moving papers. To ...
2023.08.23 Motion for Summary Judgment 627
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.23
Excerpt: ...his error on plaintiff's part. Healthcare providers must possess and exerc:ise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in 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 h...
2023.08.22 Motion for Summary Judgment, Adjudication 647
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.22
Excerpt: ...ubmitted on reply by the Supplemental Declaration of Donna Barrett. Plaintiff shall file and serve the supplemental briefing by 5:00 p.m. on October 27, 2023. Defendant shall serve and file its response to the supplemental briefing by 5:00 p.m. on November 2, 2023. Explanation: Defendant The General Council of the Assemblies of God ("Defendant") seeks summary judgment or, in the alternative, summary adjudication of the three causes of action of t...
2023.08.22 Demurrer, Motion to Strike 317
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.22
Excerpt: ...olve the issues, defense counsel shall file a declaration, no later than September 22, 2023, stating the efforts made. If no declaration is filed, the hearing will be taken off calendar. Explanation: Under Code of Civil Procedure section 430.41, "[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose ...
2023.08.22 Demurrer 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.22
Excerpt: ...rance Company's demurrer to the fifth cause of action. Plaintiff is granted 10 days' leave to file and serve a Fourth Amended Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type, failure to do so (again) will result in the pleading being stricken. Explanation: On November 3, 2021, plaintiff filed suit against defendants Samuel Alexande...
2023.08.10 Motion to Compel Arbitration and Stay Proceedings 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.10
Excerpt: ... 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 March 25, 2022, against Nissan and Naftoon, lnc„ a repair facility (but not the seller). The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act — Breach of Express Warranty; (2) Fraudulent Inducement — Intentiona...
2023.08.10 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.10
Excerpt: ...the issues, but merely discovers, through the medium of affdavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. Summary adjudicat...
2023.08.10 Motion for Final Approval of Class Action Settlement 817
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.10
Excerpt: ...an be amended and the distribution of any cy pres funds can be ordered. as to the amount paid to class members must be filed on or before August 1, 2024. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. In addition, there does n...
2023.08.09 Motion to Strike 518
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ... to address defects in pleadings otherwise not challengeable by a demurrer. (See Code Civ. Proc., S 435.) A motion to strike can be used to attack either a portion or the entirety of a pleading. (Ibid.) Waiver Cross-complainants rely on California Rules of Court, rule 8.54(c), for the position that cross-defendant's arguments are waived because he did not assert them in an opposition to the motion for leave to file a cross-complaint. The rule sta...
2023.08.09 Motion for Writ of Possession 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ...f the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of t...
2023.08.09 Motion for Summary Judgment, Adjudication 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ...f's motion to set the trial date against the estate of Robert Bray by September 7, 2023. To deny the alternative moton to extend the five-year statute for bringing the case to trial. Explanation: Summary Judgment Motion To the extent plaintiff seeks summary judgment against defendant Adi McKissen, the court has already granted McKissen's motion for judgment on the pleadings as to all claims alleged against her without leave to amend. Therefore, p...
2023.08.09 Motion for Summary Adjudication 508
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ...ary judgment, except it acts on specific causes of action, rather than on the entire complaint. (Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 398.) A plaintiff moving for summary judgment or adjudication of a cause of action must "prove[l each element of the cause of action entitling the party to judgment on that cause of action." (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241; Code Civ. Proc„ S 4...
2023.08.08 Motion for Leave to File FAC 678
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.08
Excerpt: ...ivision (a), "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may...

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