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2021.06.17 Motion to Oppose Application for Good Faith Settlement 357
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.17
Excerpt: ...cy limit settlement with plaintiff was in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Defendants Jorawar Singh Nagra and Amandeep Singh dba Handi Stop Mini Mart (“Handi Stop”) filed this motion opposing the settlement. Vasquez argues that the opposing parties fail to meet their burden to provide admissible evidence establishing lack of good faith. However, on a contested motion it is still the settling party's burde...
2021.06.17 Motion for Stay of Civil Action 736
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.17
Excerpt: ... that arises out of the same incident that led to plaintiffs' decedent's death. He contends that it would constitute a violation of his Fifth Amendment rights to have to choose between testifying in the civil case to defend himself and potentially incriminating himself, or remaining silent in the civil case and potentially being subjected to civil sanctions in order to avoid incriminating himself. An application for a stay is addressed to the sou...
2021.06.17 Demurrer 061
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.17
Excerpt: ...defendants Judge Harrell, Judge Alvarez and Judge Simpson's demurrer to plaintiff's first amended complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (a).) To find moot defendant Judge Gamoian's demurrer to plaintiff's first amended complaint. To deny plaintiff's motion. Explanation: Defendants Judge Harrell, Judge Alvarez and Judge Simpson's Demurrer to Plaintiff's First Amended Complaint Subject Matter Jurisdiction. No specific...
2021.06.16 Motion for Approval of Class Settlement 975
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.16
Excerpt: ...pple 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 certified for se...
2021.06.15 Motion to Bifurcate and Sequence Discovery 095
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.15
Excerpt: ...g a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” Code of Civil Procedure section 598 provides in pertinent part as follows: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigat...
2021.06.03 Motion for Trial Setting Preference 505
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.03
Excerpt: ...e based on the party's health: In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (Emphasis added.) Rather, th...
2021.06.03 Demurrer, Motion to Strike 796
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.03
Excerpt: ...ust be done within 20 days from the date of this order and any new allegations must be in bold print. If plaintiff does not file a second amended complaint within the allotted time period, defendant shall file an answer to the first amended complaint within 30 days from this order. Explanation: Demurrer to Cause of Action Three: Fraudulent Inducement ‐ Concealment Defendant demurs on the grounds that the first amended complaint's cause of actio...
2021.06.02 Demurrer 559
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.02
Excerpt: ...f'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, 697.) In assessing the sufficiency of the complaint against the demurrer, we treat the dem...
2021.05.27 Motion for Terminating Sanctions 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.27
Excerpt: ...n for Terminating Sanctions Code of Civil Procedure section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery ...
2021.05.27 Demurrer 015
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.27
Excerpt: ...omplaint. All new allegations in the amended complaint are to be set in boldface type. Explanation: Second Cause of Action – Negligent Infliction of Emotional Distress (NIED) Defendants demur to plaintiff Naomi Hendrix's cause of action for negligent infliction of emotional distress (NIED) on the grounds that the second amended complaint (SAC) fails to allege facts sufficient to state a cause of action. Specifically, defendants contend that the...
2021.05.26 Motion to Quash Deposition Subpoena, to Compel Further Responses 686
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.26
Excerpt: ...National Carriers, Inc., is modified as follows: “Application for employment, including but not limited to documents received from prior employers excluding any personal financial or medical information of Michael Alexander Gomez, incident reports, driver training records, driver evaluations excluding Department of Transportation drug and alcohol test information, driver history, license history, and all documents regarding termination of emplo...
2021.05.26 Motion for Summary Judgment, Adjudication 261
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.26
Excerpt: ...o cause of action three. To deny cross‐complainant Usman Javed's Motion for Summary Adjudication to the Cross‐Complaint. Explanation: A defendant moving for summary judgment meets its burden of showing that a cause of action has no merit by establishing that one or more elements of the cause of action cannot be established. (Code Civ. Proc., § 437c; see also Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 286.) Here, de...
2021.05.25 Motion for Entry of Validation Judgment 336
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.25
Excerpt: ...uant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” In addition, under Government Code section 53511, subdivision (a), “A local agency may bring an action to determine the validity of its bonds, warrants, contracts, obligations or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” Pursuant to Code of Civil Pro...
2021.05.12 Motion to Compel Further Responses 526
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.12
Excerpt: ...equests for Admission, Set 17, Admitted. Tentative Ruling: (1) To grant and award monetary sanctions in the amount of $1,290 against plaintiff Noe Luna and his attorney, L. Dean Smith, Jr., jointly and severally, payable within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. Plaintiff is ordered to serve further responses without objections to PLH Group, Inc.'s Special Interrogatories, S...
2021.05.12 Motion for Summary Judgment 266
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.12
Excerpt: ...s. None are material to the outcome of the instant motion. (Code Civ. Proc., § 437c, sub. (q).) Explanation: A defendant moving for summary judgment meets its burden of showing that a cause of action has no merit by establishing that one or more elements of the cause of action cannot be established. (Code Civ. Proc., § 437c; see also Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 286.) However, if a single triable issue o...
2021.05.11 Motion to Set Aside Default 276
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.11
Excerpt: ...against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. Code of Civil Procedure section 473.5 states: (a...
2021.05.06 Motion to Strike 035
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.06
Excerpt: ... “irrelevant, false or improper” matters or “a demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b).) A motion to strike is the proper procedure to challenge an improper request for relief, or improper remedy, within a complaint. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166‐167.) Defendants claim that there are insufficient facts to support a claim ...
2021.05.06 Motion for Leave to File Complaint 085
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.06
Excerpt: ...ollowing: [¶] (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross‐complaint [¶] (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him ….” (Code Civ. Proc., § 428.10, subd. (b); see also Newhall Land and Farming Co. v. McCarthy Const. (20...
2021.04.29 Motion to Appoint Discovery Referee 015
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.29
Excerpt: ... any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640: … When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon.” (Code Civ. Proc., § 639, subd. (a)(5).) �...
2021.04.28 Special Motion to Strike 495
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.28
Excerpt: ...medy to dismiss nonmeritorious 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.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute: first, the court decides whether defendant has made a threshold showing that t...
2021.04.28 Motion to Determine Entitlement, Fix Amount of Attorney Fees on Appeal 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.28
Excerpt: ...y brief on this motion. If a hearing on this motion is necessary, the court will award an additional $350 in attorney fees. Costs on appeal are fixed in the total amount of $1,165.65, in accordance with the unopposed Memorandum of Costs on Appeal in the amount of $1,100.40 plus the filing fee of $65.25 associated with this motion. Explanation: An award of costs on appeal, as the appellate court awarded here, does not include an award of appellate...
2021.04.22 Demurrer, Motion to Strike 156
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.22
Excerpt: ...endants' demurrer to the entire complaint, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Defendants shall submit a judgment of dismissal within five days of the clerk's service of this minute order. Explanation: General Standard of Ruling In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University...
2021.04.15 Petition to Compel Arbitration 199
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.15
Excerpt: ...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 provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter a...
2021.04.14 Motion to Strike 536
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.14
Excerpt: ...boldface. Explanation: Under Civil Code section 3294, in order to obtain punitive damages, plaintiff must allege ultimate facts showing that defendant acted with malice, fraud, or oppression. (Civil Code § 3294; Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316–317.) “Malice is defined as ‘conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and c...
2021.04.14 Motion to Bifurcate 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.14
Excerpt: ..., if necessary. (Code Civ. Proc. § 598, 1048, subd. (b).) Also, the punitive damage claim will be tried after the jury trial of the legal claims. (Civil Code § 3295, subd. (d).) Explanation: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial ...
2021.04.08 Demurrer 015
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.08
Excerpt: ...int are to be set in boldface type. Explanation: Second Cause of Action – Negligent Infliction of Emotional Distress (NIED) Defendants demur to plaintiff Naomi Hendrix's cause of action for negligent infliction of emotional distress (NIED) on the grounds that the first amended complaint (FAC) fails to allege facts sufficient to state a cause of action. Specifically, defendants contend that the FAC fails to plead sufficient facts to demonstrate ...
2021.04.07 Motion for Leave to File FAC 685
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.07
Excerpt: ... oppression, fraud, or malice.” (Civ. Code, § 3294, subd. (a).) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294, subd. (c)(1).) In other words, a showing that the defendant's conduct was negligent, grossly negligent or even reckless is insufficien...
2021.03.30 Motion to Compel Responses 846
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.30
Excerpt: ...e monetary sanctions against plaintiff Pavitarjit Sihota and his attorneys of record, Fishman Larsen & Callister, in the amount of $ 2,775. (Code Civ. Proc., §§ 2033.290, subd. (c), 2031.310, subd. (h), 2030.300, subd. (d).) Sanctions in the amount of $925 must be paid to the Law Office of Emerson ∙ Church within 30 days after service of this order. Sanctions in the amount of $1,850 must also be paid to the Whelan Law Group within 30 days aft...
2021.03.30 Motion for Approval of PAGA Settlement 796
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.30
Excerpt: ...it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the legislature provided any structure or standards for making the assessment. Published California case law has not done so either. However, the common practice when ruling on PAGA settlements is to follow existing law on class action settlemen...
2021.03.25 Motion to Quash Subpoena for Employment Records 636
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.25
Excerpt: ...y fees. The court finds the issue of temporal limitation could have been resolved without the need for the instant motion. Explanation: Defendant Doshier moves to quash the subpoena directed to Cintas dated October 23, 2020. He argues: (a) there is no “compelling interest” to justify disclosure of private records; (b) the subpoena is overbroad in time and scope; and (c) the subpoena seeks documents that are neither relevant nor reasonably cal...
2021.03.23 Motion for Summary Judgment, Adjudication 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.23
Excerpt: ...ablishing the moving party's right to the relief sought. (Regents of Univ. of Calif. v. Superior Court (1996) 41 Cal.App.4th 1040, 1044.) Plaintiff re‐filed the motion, albeit narrower in scope, and again neglected to include the policy in the volume of evidence, only submitting it with a notice of errata after the opposition had already been filed. The court would let that omission slide except that many of the other exhibits are not properly ...
2021.03.23 Motion for Summary Judgment, Adjudication 065
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.23
Excerpt: ...ed Beverly's motion for summary judgment or adjudication on the merits in March of 2020, and Beverly has not shown that there are any newly discovered facts, circumstances or a change in the law that would justify renewal of the motion.1 Under Code of Civil Procedure section 437c, subdivision (f)(2), “A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless th...
2021.03.18 Motion to Compel Arbitration 845
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.18
Excerpt: ... 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 1223, 1230.) There is a stron...
2021.03.16 Motion to Compel Production of Docs 506
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.16
Excerpt: ...1, 2021, and that any claim file for which consent is received be produced by May 17, 2021. A further response, under oath, need also be served on May 17, 2021 which states that production was allowed in full, with the exception of documents identified in that further response as falling within the attorney/client privilege or work product doctrine. Such identification shall list the document's “author, date of preparation, all recipients, and ...
2021.03.16 Motion for Summary Judgment, to Post Undertaking 675
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.03.16
Excerpt: ... post an undertaking to continue prosecuting the case. (Code Civ. Proc. §§ 437c; 1030.) Explanation: Motion for Summary Judgment: Defendant Caltrans moves for summary judgment as to the entire complaint, arguing that plaintiffs cannot prevail on their claim that the section of Highway 180 where their son died constitutes a dangerous condition of public property because the claim is barred by the design immunity defense. “A public entity may b...
2021.02.25 Motion to Amend Answer 586
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.25
Excerpt: ...emphasis added).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596; Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Colonial has largely complied with Cal. Rules of Court, Rule 3.1324. Colonial seeks to add a workers' compensation exclusivity affirmative defense. The court agrees wit...
2021.02.25 Motion for Class Certification, Preliminary Approval of Settlement 150
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.25
Excerpt: ...Fact and Law “California courts consider ‘pattern and practice evidence, statistical evidence, sampling evidence, expert testimony, and other indicators of a defendant's centralized practices in order to evaluate whether common behavior towards similarly situated plaintiffs makes class certification appropriate.” (Jaimez v. DAIOHS USA (2010) 181 Cal.App.4th 1286, 1298.) In the prior order the court expressed that no such evidence had been p...
2021.02.23 Demurrer, Motion to Strike 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.23
Excerpt: ...nd cause of action with leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff is granted 20 days, running from service of the minute order by the clerk, to file and serve a second amended complaint. All new allegations in the amended complaint are to be set in boldface type. To deny defendant's motion to strike as moot in light of the court's February 17, 2021 order. Explanation: Demurrer A demurrer tests only the legal sufficiency o...
2021.02.23 Motion to Set Aside Entry of Defaults 886
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.23
Excerpt: ..., order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) The motion “shall be made within a reasonable time, in no case exceeding six months, after the … proceeding was taken.” (Ibid.) “The law favors judgments based on the merits, not procedural missteps.” (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134; see also Riskin v. T...
2021.02.18 Motion for Judgment on the Pleadings, for Appointment of Counsel 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.18
Excerpt: ...service of the minute order, a proposed judgment dismissing the action. Oral argument on this matter is continued to March 18, 2021, at 3:30 in Dept. 403 so that the petitioner may be present for oral argument via Court Call. Explanation: Petitioner is a civil detainee committed under the Sexually Violent Predator (SVP) Act, and is detained at the Department of State Hospitals, Coalinga (DSH‐Coalinga). The petition concerns DSH's statewide proh...
2021.02.18 Demurrer 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.18
Excerpt: ...n for violation of Labor Code section 226(a) on the ground that the cause of action is barred by the one‐ year statute of limitations under Code of Civil Procedure section 340. “[T]he one‐year statute of limitations set forth in Cal. Code Civ. Proc. section 340 applies to Plaintiff's claims under this section [Labor Code § 226] because she is seeking ‘penalties.'” (Elliot v. Spherion Pacific Work, LLC (C.D. Cal. 2008) 572 F.Supp.2d 116...
2021.02.17 Petition to Compel Arbitration 015
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.17
Excerpt: ...burden of showing that the plaintiff agreed to arbitrate the dispute. Under California Code of Civil Procedure section 1281.2, On petition of a party to an arbitration agreement alleging 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 it determines that an agreement to arbitrate th...
2021.02.17 Motion to Strike 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.17
Excerpt: ...cordingly, the words “Exemplary Damages” shall be stricken from the First Amended Complaint at paragraph 10(f). The check mark at box (2) paragraph 14(a) of the First Amended Complaint shall be stricken. Finally, page 9 of the First Amended Complaint (Form PLD‐PI‐001(6)) shall be stricken. Explanation: “In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be ...
2021.02.09 Motion to Deem Admitted Truth of RFAs 286
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.09
Excerpt: ...bd. (c).) Sanctions are due and payable to defendants' counsel within 30 days of service of this court's order. Explanation: Plaintiff does not dispute that her responses to the Requests for Admissions propounded by defendants were not timely. Plaintiff contends the response deadline was 9/9/20, and the responses were mail served on 9/10/20. Even if plaintiff is correct about the response deadline, the responses are untimely. As the responses wer...
2021.02.09 Motion for Relief from Arbitral Forum 245
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.09
Excerpt: ...y is unable to pay its share, the moving party can elect either to pay that portion of the arbitration cost or to waive its right to arbitrate that party's claim. (Roldan v. Callahan & Blaine (Roldan) (2013) 219 Cal.App.4th 87, 96.) When a party arbitrates in good faith but the cost of the arbitration becomes too much for the party, the party may petition the court for relief. If the court “concludes the party's financial status is not a result...
2021.02.09 Motion for Leave to Intervene 695
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.09
Excerpt: ...in 10 days of the date of service of this order. Explanation: Nationwide Agribusiness Insurance Company moves to intervene under Code of Civil Procedure section 387, subdivision (d)(1), which states, (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: … (B) The person seeking intervention claims an interest relating to the property or tra...
2021.02.02 Motion to Change Venue 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.02
Excerpt: ...nation: Under Code of Civil Procedure section 394, “Whenever an action or proceeding is brought against a county, city and county, city, or local agency, in any county, or city and county, other than the defendant, if the defendant is a county, or city and county, or, if the defendant is a city, or local agency, other than that in which the defendant is situated, the action or proceeding must be, on motion of that defendant, transferred for tri...
2021.02.02 Motion for Summary Judgment, Adjudication 569
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.02
Excerpt: ...ith the court's summary judgment order. Explanation: Initially the court notes that the supplemental opposition papers filed by plaintiff on January 25, 2021 are untimely and will not be considered. (See Code Civ. Proc., § 437c, subd. (b)(2).) If plaintiff needed this evidence for the opposition, she should have requested a continuance of the motion pursuant to subdivision (h). Objections In her responsive separate statement plaintiff apparently...
2021.02.02 Demurrer 705
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.02
Excerpt: ...ion and uncertainty, without leave to amend. (Code Civ. Proc. § 430.10, subd. (e), (f).) Defendant shall submit a proposed order dismissing the action as to it within 10 days of the date of service of this order. Explanation: First, the entire complaint is vague, ambiguous and confusing, and thus the court intends to sustain the demurrer for uncertainty. (Code Civ. Proc. § 430.10, subd. (f).) “As used in this subdivision, ‘uncertain' includ...
2021.02.02 Demurrer 565
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.02.02
Excerpt: ...iation, and failure to investigate and prevent or remedy discrimination and retaliation. (Code Civ. Proc., § 430.10(e).) Plaintiff is granted 3 0 days, commencing from service of the minute order by the clerk, to file and serve a first amended complaint. All new allegations in the amended complaint are to be set in boldface type. Explanation: In testing a pleading against a demurrer, the facts alleged are deemed to be true, as it is “not the o...

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