Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

614 Results

Clear Search Parameters x
Location: Fresno x
Judge: Tharpe, D. Tyler x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 223)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 556)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 125,25
Array
(
)
2023.11.28 Motion for Preliminary Class Settlement Approval 138
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.28
Excerpt: ...n 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. (2W1) 91 cal.App.4th 224, 240; see Dunk v. Ford Motor co. (1996) 48 cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide...
2023.11.28 Demurrer to SAC 007
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.28
Excerpt: ... file an Answer within ten days of service of the minute order by the clerk. Explanation: On June 30, 2022, plaintiff filed suit against defendants California Department of State Hospitals ("CDSH"), Robert Withrow, and Brandon Price. On September 13, 2023, following the sustaining of a demurrer and granting of a motion to strike, plaintiff filed a Second Amended Complaint ("SAC") containing four causes of action: (1) violation of whistleblower pr...
2023.11.16 Motion to Compel Joinder of Omitted Plaintiff 448
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.16
Excerpt: ...est in the insurance policy limit available to settle claim against her. (Code Civ. Proc., S 389, subd. (a)(2).) under Code of Civil Procedure section 389, subdivision (a), A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2)...
2023.11.16 Motion to Change Venue 070
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.16
Excerpt: ...iled the action in the wrong county, as defendants reside in Sacramento and the contract was entered into and was to be performed in Sacramento. Under Code of Civil Procedure section 395, subdivision (a), "[elxcept as otherwise provided by aw and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the act...
2023.11.16 Demurrer, Motion to Strike FAC 370
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.16
Excerpt: ... days leave to amend which will run from service by the clerk of the minute order. New allegations/language must set in boldface type. To grant defendant's request for judicial notice. The court will take notice of its own records in the instant and related probate cases (defendant's Exhibits A through F) for the fact of the filing of each but not for the truth of the matters stated therein. If oral argument is timely requested, such argument wil...
2023.11.15 Demurrer, Motion to Compel Compliance with Deposition Subpoena for Business Records 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.15
Excerpt: ...aint (SAC), without leave to amend. To deny plaintiff Matthew Hiatt's moton to compel Child Protectve Services to comply with the deposition subpoena for business records, without prejudice. Explanation: Defendant School District's Demurrer 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.) The test is whether plaintiff has succeeded in sta...
2023.11.14 Motion to Compel Arbitration, to Stay Action 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.14
Excerpt: ...ging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been wa-ved by the petitioner; or (b) Grounds exist for the of the agreement. (c) A party to the...
2023.11.09 Motion for Protective Order 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.09
Excerpt: ...der precluding him from being deposed for any reason under any circumstances. In support, Plaintiff submits the declarations of Susan M. Fosnot, Ph.D, a licensed and certified speech-language pathologist, and Dana Chidekel, Ph.D, a clinical psychologist certified in pediatric neuropsychology. The declarations generally conclude that Plaintiff: has an unreliable memory; has limitations that preclude him from reliably differentiating the truth from...
2023.11.02 Motion for Class Certification 018
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: ... 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 adequately represent the class." (In re Tobacco II Cases (2009) 46 Cal. 4th 298, 313.) California case law requires that substantial evidence un...
2023.11.02 Demurrers 977
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: .... Explanation: 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.) 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.App.3d 690, 597.) ...
2023.11.02 Demurrer to FAC 368
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: ...oldface. Explanation: Defendant State of California ("the State") argues that plaintiff County of Fresno ("the County") has sued the wrong partyl because it was the federal government and not the State that mandated the name change from "Sq Valley" 2 to "Yokuts Valley", the County has adequately alleged that the State passed AB 2022, which prohibited the use of the word "sq_" for geographic names and place names, and to change the names of places...
2023.11.01 Motion for Protective Order, to Quash Subpoena, for Leave to File Complaint 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Excerpt: ...laint Tentative Ruling: To continue the hearing on the motion for a protective order to November 9, 2023. Plaintiff Daniel Real is authorized to file, no later than 5:00 p.m. on Friday, November 3, 2023, the declarations of Susan M. Fosnot, Ph.D and Dana Chidekel, Ph.D that were served on the parties. No other documents are authorized to be filed. To deny each of the motions to quash third-party subpoenas as moot. To grant the motion for leave to...
2023.11.01 Motion to Consolidate Cases 271
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Excerpt: ...quest for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Under Code of Civil Procedure section 1048, subdivision (a), "[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning procee...
2023.10.31 Motion to Compel Arbitration and Dismiss Certain Claims 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...letion of arbitration. If a timely request for oral argument is made, such argument will entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code section 2698 et seq. Defendants Sally Beauty Holdings, lnc„ and Beauty Systems Groups LLC (together "defendants") now seek an order com#lling p...
2023.10.31 Motion for Leave to File SAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...d no later than November 28, 2023. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiffs move the court for leave to file a second amended complaint following the death of plaintiff Parmjit Sekhon after the filing of this action. The motion is brought pursuant to Code of Civil Procedure section 473 and seeks to add Jasbir Sekhon (originally decedent's g...
2023.10.31 Motion for Judgment on the Pleadings 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...y be amended within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or c...
2023.10.26 Motion for Judgment on the Pleadings, for Leave to File FAC 387
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.26
Excerpt: ...e clerk of the minute order. New allegations/language must be set in boldface type. To find plaintiffs' moton for leave to amend moot. Explanation: JUDGEMENT ON THE PLEADINGS A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) The grounds for the motion must appear on the face of the chall...
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 ...

614 Results

Per page

Pages