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

632 Results

Clear Search Parameters x
Location: Fresno x
Judge: Kapetan, Kristi C 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 = 642)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 550,50
Array
(
)
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...
2021.02.18 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...
2021.02.18 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...
2021.02.17 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 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...
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 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...
2021.01.26 Demurrer, Motion to Strike 575
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.26
Excerpt: ...The court notes that the tenth cause of action contains a typo in the referenced code section, the correct section is Government Code section 12955, subdivision (f). Demurring defendant shall file and serve their answer to the second amended complaint within thirty (30) days from the date of this order. Explanation: A general demurrer admits “‘all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.'...
2021.01.19 Motion for Class Certification and Preliminary Approval of Settlement 265
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.19
Excerpt: ... is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). The evidence on a motion for class certification for settlement must meet the same standards as if there were not settlement, except that there is no need to show the case can be managed for trial. Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620. California law requires admissible evidence to permit class certification. In re Tobacco II Cases (2009) 46 Cal. 4t...
2021.01.19 Demurrer, Motion to Strike 906
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.19
Excerpt: ...tion to strike the prayer for punitive damages, as moot in light of the ruling on the demurrer. (Code Civ. Proc. §§ 435, 436.) Defendants shall submit a proposed judgment consistent with this ruling within 20 days of the date of service of this order. Explanation: Demurrer: Defendants have demurred to plaintiff's entire first amended complaint on the ground that it fails to state any valid causes of action against them under various theories. W...
2021.01.19 Demurrer 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.19
Excerpt: ...Ibid.) Explanation: Defendant City of Huron has demurred to the first, second, and fourth causes of action for unjust enrichment, economic duress, and conversion on the ground that they fail to state causes of action, as they attempt to state common law tort causes of action against a government entity. As defendant correctly notes, Government Code section 815 bars common law tort claims brought against public entities like the City. “Except as...
2021.01.12 Motion to Strike or Tax 360
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.12
Excerpt: .... RRNS Enterprises (1992) 4 Cal.App.4th 238, 241.) “Allowable” costs awarded to a prevailing party must be (1) incurred by that party; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Code Civ. Proc. §1033.5, subd. (c)(1)‐(3); El Dorado Meat Co. v. Yosemite Meat & Locker Service, Inc. (2007) 150 Cal.App.4th 612, 616.) Although the prevailing party is typically entitled to reimbursement of costs, in ...
2021.01.12 Motion to Compel Further Responses 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.12
Excerpt: ... further responses. Plaintiff shall provide further responses to defendants' Requests for Admissions, Set No. One, Nos. 5, 10, 11, 16, 21, 22, 27, 32 and 33, and to Form Interrogatory, Set No. 1, Interrogatory No. 326.1, related to the Requests for Admission. These further responses shall be served within 20 calendar days of this order, with the time to run from the date of service of this minute order by the clerk, To grant monetary sanctions ag...
2021.01.12 Motion for Attorney's Fees 806
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.01.12
Excerpt: ...sotti, A Professional Law Corporation within 30 days of the clerk's service of this minute order. Explanation: In a FEHA action “a prevailing plaintiff should ordinarily receive his or her costs and attorney fees unless special circumstances would render such an award unjust.” (Gov. Code, § 12965, subd. (b); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115 [in].) “In enacting the FEHA, the Legislature sought to saf...
2020.12.15 Motion to Compel Deposition 675
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.15
Excerpt: ...“serious questions” as to whether plaintiffs' expert's declaration was factually incorrect, at least as to the defendant who was not involved with the procedures addressed in the declaration. (Id. at p. 1540.) Particularly, the court noted, “it is possible that upon deposition of [the plaintiffs' expert], confronted with proof that he may have been mistaken in his belief that [the defendant] was involved in the procedure, he may concede his...
2020.12.15 Motion for Bifurcation of Trial 996
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.15
Excerpt: ...rt may separately try one or more issues before trial of the other issues if resolution of the bifurcated issue is likely to simplify the determination of the other issues." (Cal. R. Ct., R. 5.390(b).) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross- complaint, or ...
2020.12.10 Motion for Reconsideration 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.10
Excerpt: ...erent order may be entered, if the motion is based on “new or different facts, circumstances, or law.” (Id., subd. (a).) First, plaintiff's counsel's declaration filed with the opening brief indicated that the court's original ruling had been “contrary to applicable law.” However, a claim that the court misinterpreted the law in its initial ruling is not a “new” or “different” matter under section 1008. (Gilberd v. AC Transit (199...
2020.12.10 Demurrer 631
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.10
Excerpt: ... this court, within seven days of service of the minute order, an ex parte request (without hearing) dismissing the action as to the demurring defendants. Explanation: “Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought....
2020.12.09 Demurrer 508
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.09
Excerpt: ... to a purported forum selection clause in a Solar Representative Agreement. Defendant argues that because plaintiff failed to assert his claims in an action between the parties in Utah, he is now barred raising them here. The court does not find defendant's arguments compelling. Code of Civil Procedure section 426.30, subdivision (a), provides: Except as otherwise provided by statute, if a party against whom a complaint has been filed and served ...
2020.12.09 Demurrer, Motion to Strike 666
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.09
Excerpt: ...‐13:27) without leave to amend. To deny the remainder of the motion. (Code Civ. Proc., § 436.) Defendant Golden State shall file its answer to the Second Amended Complaint (“SAC”) within 10 days of service of the order by the clerk. Explanation: Demurrer Golden State's demurrer to the First Amended Complaint's (“FAC”) second cause of action was overruled. It's demurrer to the FAC's fifth cause of action was sustained solely on statute ...
2020.12.09 Motion for Summary Judgment 333
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.09
Excerpt: ...ation: In this action plaintiff California Statewide Communities Development Authority seeks judicial foreclosure of an assessment lien. Plaintiff alleges that defendants took out a loan against their property to pay for solar panels. The loan was tied to the property taxes. Defendants then failed to make the property tax payments. The undisputed facts show on January 27, 2010, plaintiff adopted a resolution pursuant to the Improvement Bond Act o...
2020.12.03 Demurrer 359
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.03
Excerpt: ...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 541, 545.) The test is whether the plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of the plaintiff's possible difficulty or inability in proving the allegat...
2020.12.02 Motion for Attorneys' Fees 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.02
Excerpt: ...ce liability on undertaking without prejudice. Explanation: Motion for Attorneys' Fees Plaintiff J.H. Boyd Enterprises, Inc. (“JHBE”) moves for an award of attorneys' fees in the sum of $607,244.50 plus additional fees incurred in connection with this motion. The motion is brought pursuant to Civil Code section 1717, which provides in relevant part: “(a) In any action on a contract, where the contract specifically provides that attorney's f...
2020.12.01 Demurrer, Motion to Strike 796
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.12.01
Excerpt: ...omplaint. 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: Demurrer 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 541, 545.) The test is whether plaintiff has succeeded in stating a c...
2020.11.19 Motion for Leave to Amend Complaint 261
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.19
Excerpt: ...e set in boldface type. Explanation: Code of Civil Procedure section 473 authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. (Code Civ. Proc., § 473; Cherrigan v. City etc. of San Francisco (1968) 262 Cal.App.2d 643, 653.) Where no prejudice is shown to the adverse party, “courts are bound to apply a policy of liberality in permitting amendments to the complaint at any stage of the proceedings, up to a...
2020.11.19 Motion for Entry of Judgment Based on Written Settlement Agreement 540
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.19
Excerpt: ...ts against defendant S&A, in the amount of $3,288. Defendant shall pay attorney's fees and costs within 30 days of the date of this order. Explanation: Under Code of Civil Procedure section 664.6, If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of...
2020.11.19 Demurrer 496
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.19
Excerpt: ...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, 697.) In assessing the sufficiency of the...
2020.11.18 Motion to Set Aside Default 008
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.18
Excerpt: ...b), provides for discretionary relief from a default or default judgment that has been entered due to mistake, surprise, inadvertence, or excusable neglect. (Code Civ. Proc. § 473, subd. (b).) The party seeking relief must bring his or her motion within a reasonable time, not to exceed six months from the date of entry of the default or default judgment. (Ibid.) “Where the mistake is excusable and the party seeking relief has been diligent, co...
2020.11.18 Motion for Summary Judgment 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.18
Excerpt: ...ry relief claims seeking interpretation of written contracts is proper. (Shaw v. Regents of Univ. of California (1997) 58 Cal.App.4th 44, 52.) However, interpretation of a written document is a question of law for the trial court to determine, only where extrinsic evidence is unnecessary. (Temple v. Velcro USA, Inc. (1983) 148 Cal.App.3d 1090, 1095.) In other words, interpretation is appropriate where the language is clear, understandable and com...
2020.11.05 Motion to Amend Complaint 565
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.05
Excerpt: ...s informed that the bankruptcy petition had been dismissed; trial therefore was set for July 30, 2020. On July 30, 2020, the court received a copy of a bankruptcy court order dated July 24, 2020 dismissing defendant's bankruptcy petition for failure to timely file documents. At the time scheduled for trial, defendant asserted that a bankruptcy petition had been filed by the second defendant in this action, again staying the action. Although defen...
2020.11.04 Motion for Reconsideration 965
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.04
Excerpt: ...o comply with Code of Civil Procedure section 1008, which governs motions for reconsideration. Section 1008 states that, When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstanc...
2020.11.04 Demurrer 778
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.11.04
Excerpt: ...ed judgment dismissing the claims against her within 10 days of the date of this order. Explanation: In its ruling on a prior demurrer, the court held that plaintiffs had failed to state sufficient facts to support their negligence claims against Martinez, as they had not alleged any facts showing that Martinez actually knew that her husband had a propensity to molest children. Instead, plaintiffs only alleged that defendant “knew or should hav...
2020.10.29 Demurrer, Motion to Strike 685
Location: Fresno
Judge: Kapetan, Kristi C
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...
2020.10.28 Motion for Summary Judgment, Adjudication 065
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.10.28
Excerpt: ...the motion on the plaintiff. The proof of service indicates that the notice of motion and supporting documents were served on plaintiff by mail at 9720 Zelzah Avenue, Apartment 207 in Northridge California. However, plaintiff's address of record with the court is 17730 Lassen Street, Apartment 123 in Northridge. Since the address on the motion proof of service does not match the address of record with the court, it does not appear that plaintiff ...
2020.10.27 Motion for Approval of PAGA Settlement 866
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.10.27
Excerpt: ...des evidence at the hearing that the LWDA has been served with the settlement agreement and motion for approval, then the court intends to approve the settlement. Explanation: 1. Introduction Under Labor Code section 2699, subdivision (a), the Private Attorneys General Act of 2004 (“PAGA”), “Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and ...
2020.10.27 Demurrer, Motion to Strike 546
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.10.27
Excerpt: ...tion to strike is granted, in part. (Code of Civ. Proc., § 436, subd. (b).) Plaintiff is granted leave to amend to include future plaintiffs who become eligible for relief. Explanation: Demurrer Demurrer ‐ General Standard of Ruling “The rule governing pleading in this state is that a plaintiff need only ‘set forth the ultimate facts constituting the cause of action, not the evidence by which [the] plaintiff proposes to prove those facts' ...
2020.10.21 Motion for Protective Order 926
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.10.21
Excerpt: ...mount of $1,060. (Code Civ. Proc. § 2017.020, subd. (b).) Plaintiff shall pay monetary sanctions to defendant within 30 days of the date of this order. Explanation: Under Code of Civil Procedure section 2017.020, “The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence...
2020.10.20 Motion for Certification of Class for Settlement, for Approval of Class Action Settlement 746
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.10.20
Excerpt: ...n must establish three things: (1) the existence of an ascertainable and sufficiently numerous class; (2) a welldefined community of interest; and (3) substantial benefits from certification that render proceeding as a class superior to the alternatives. (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021.) Whether the Class is Sufficiently Numerous and Ascertainable. A class is required to be ascertainable in order to give p...
2020.10.20 Demurrer 906
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.10.20
Excerpt: ...ublication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage.” (Issa v. Applegate (2019) 31 Cal.App.5th 689, 702, internal quotes omitted.) Plaintiffs have clearly alleged a publication by defendant, since they allege she, or her agent, posted the picture attached as Exhibit 1 (itself an arrangement of photos and text) to her Facebook account. A person posts something to Faceb...
2020.09.16 Motion for Summary Judgment, Adjudication 358
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.16
Excerpt: ...y adjudication as to all claims alleged against Signal Energy Constructors, LLC. To grant summary adjudication as to vicarious liability only, with regard to Signal Energy, LLC. To deny summary adjudication in all other respects. Explanation: A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co...
2020.09.16 Motion for Judgment on the Pleadings 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.16
Excerpt: ...ter Dal Pezzo, on all causes of action, based on lack of standing, with leave to amend; 3) to the extent plaintiffs can sufficiently plead delayed discovery and Mr. Dal Pezzo's standing, to deny the motion as to the two breach causes of action; 4) to grant the motion as to the Consumer Legal Remedies Act (CLRA) cause of action with regard to the LLC plaintiff, Scuderia Dal Pezzo, LLC, without leave to amend; and 5) to the extent plaintiffs can su...
2020.09.15 Demurrer 926
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.15
Excerpt: ...the legal sufficiency of the complaint, raising issues of law regarding the form or content of the pleading. A general demurrer for failure to state a cause of action asks the court to consider whether all essential elements of each cause of action have been alleged. (Code Civ. Proc., §§ 422.10, 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 “wit...
2020.09.10 Motion to Compel Deposition, for Sanctions 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.10
Excerpt: ...equested documents on or before September 20, 2020. To impose monetary sanctions in the amount of $ 4,950 against defendant Fresno Community Hospital & Medical Center and its attorneys of record, King & Spalding LLP. (Code Civ. Proc., § 2025.450.) Sanctions must be paid to Carpenter Law within 30 days after service of this order. If oral argument is requested, the court will consider the additional costs incurred for plaintiff. Explanation: A pa...
2020.09.10 Motion for Class Certification and Preliminary Approval of Settlement 150
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.10
Excerpt: ...1, 620.) California requires admissible proof sufficient to meet the substantial evidence test. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470; Lockhead Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1106.) “Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of interest, and (3) that certification will provide substantial benefits to litigants and the c...
2020.09.09 Motion to Quash Deposition Subpoena, for Protective Order 569
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.09
Excerpt: ...grant monetary sanctions against John Waterman in the amount of $1,460.00, payable within 30 days of the date of this order, with the time to run from the service of this minute order by the clerk. Defendants may re‐notice the deposition at a mutually convenient date and time, and Mr. Waterman shall appear and be deposed. Explanation: As an initial matter, the court notes that defendants Rite Aid Corporation and Thrifty PayLess, Inc. (collectiv...

632 Results

Per page

Pages