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 100,50
Array
(
)
2024.01.30 Motion for Summary Adjudication 625
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.30
Excerpt: ...air Employment and Housing Act provisions relied upon by plainti¯. To sustain defendant's objections as to the declaration of Shaun Austin. To sustain defendant's objections, except objection #2, to the declaration of Morgan Ruiz. Explanation: This case arises out of an alleged wrongful termination of plainti¯ after he su¯ered a brain aneurism requiring emergency surgery and extensive post-surgical rehabilitation. When plainti¯ contacted ...
2024.01.25 Motion for Summary Judgment 075
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.25
Excerpt: ...vere water damage which decedent's house sustained after an integrated water supply part located within an upstairs bathroom faucet failed and caused the home to flood. Unfortunately, decedent had suffered a stroke and was not living in her home at the time in question. Decedent stated that she learned of the claim when the water utility contacted her to advise that her water had been shut off following an unusually large spike in water usage. De...
2024.01.25 Motion for Attorney Fees, to Amend Judgment 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.25
Excerpt: ...r Family Trust of 2004, ("Plaintiff") seeks an award of attorney fees pursuant to Civil Code section 1717 following judgment after trial, which was entered in favor of Plaintiff against defendants Larry Oakander and Patricia Oakander (collectively "Defendants"). The First Amended Complaint stated one remaining cause of action against Defendants, for breach of installment note. Plaintiff now seeks a fee award of $407,553.60. Statutory Grounds unde...
2024.01.24 Demurrer, Motion to Strike Punitive Damages 595
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.24
Excerpt: ...vil Procedure section 430.41and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the demurrer and motion to strike. If the parties cannot agree on the purported deficiencies in the first amended complaint, defendant may calendar another hearing date for the demurrer and must comply with Code of Civil Procedure section 430.41 and 435.5 in doing so. If the parties need more time to meet and confer, they may subm...
2024.01.18 Petition to Compel Appraisal 166
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.18
Excerpt: ...ibed." (Kacha v. Allstate Ins. Co. (2006) 140 Cal.App.4th 1023, 1031.) It is not the court's role to review the merits of the controversy or to determine whether the evidence is sufficient to support the appraisal award. (Ibid.) The petition identifies the California Arbitration Act, (Code Civ. Proc. S 1280, et seq.) as providing authority for the court to compel California FAIR Plan Association to participate in the Insurance Code 52071 appraisa...
2024.01.18 Motion for Attorney Fees 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.18
Excerpt: ...civil achon brought under the Fair Employment and Housing Act, Government Code section 12900 et seq., may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code 512965, subd. (c)(6).) The parties reached a settlement upon plaintiff's acceptance of defendants' Code of Civil Procedure section 998 Offer to Compromise, the terms of which included reasonable attorney's fees and costs awarded by the court. In her motion ...
2024.01.11 Motion to Deem RFAs Admitted, to Compel Deposition, Initial Responses 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.11
Excerpt: ...of Documents, Set One Tentative Ruling: To grant the motions to compel verified discovery responses, and for deemed admissions. (Code Civ. Proc., S 2030.290, 2031.300, 2033.280.) Within 10 days, plaintiff Jose Madrigal shall serve objections-free, verified responses Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Se...
2024.01.11 Motion for Judgment on the Pleadings, for Terminating Sanctions 906
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.11
Excerpt: ...t dismissing the action as to the City of Fresno. Explanation: A motion for judgment on the pleadings can be made at any time before or during trial. The motion performs the same function as a general demurrer, and thus attacks defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1058.) The plaintiff, Kimberly Ramirez (Plaintiff), has ha...
2024.01.10 Motion for Terminating Sanctions and Monetary Sanctions 715
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.10
Excerpt: ...inute order, a proposed judgment dismissing this action. To grant monetary sanctons against plaintiff and plaintiff's counsel in the amount of $1,359.95. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Terminating Sanctions: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civi...
2024.01.10 Demurrer, Motion to Strike 455
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.10
Excerpt: ...: 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 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.) In a...
2024.01.04 Motion for Terminating and Monetary Sanctions 699
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.04
Excerpt: ...ubd. To grant plaintiff's request for monetary sanctions in the amount of $1,860 against defendant Brooklyn Moving Inc. payable to plaintiffs counsel within thirty (30) days from the date of this order. Explanation: 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 prov-de discovery." (Code Civ. Proc...
2024.01.03 Demurrer to FAC 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...demurrers to plaintiff's first (breach of fiduciary duty), third (elder abuse), fifth (breach of implied covenant) and sixth (unfair business practice) causes of acton. To grant defendants' request for judicial notce. The court will take notice of its own records in the instant case for the fact of the filing of plaintiff's first amended complaint but not for the truth of the matters stated therein. Explanation: The express basis for the defendan...
2024.01.03 Motion for Leave to File Complaint 016
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...sehold agreement with the defendants whereby they agreed to lease a single family residence located without Fresno County from defendants. The lease agreement was executed November 17, 2020. The lease included a move-in inspection sheet, notice of repair, and indemnity provisions. Plaintiff alleges that, on February 22, 2021, while residing upon the premises, she tripped and fell in a "defective portion" of the hal way, which caused serious injur...
2024.01.03 Motion to Set Aside Default 186
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...xcusable neglect under Code of Civil Procedure, section 473, subdivision (b). Actual Notce "When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (Code Civ. Proc., S 473.5, subd. (a).) The ...
2023.12.21 Motion for Preliminary Approval of Class Settlement 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.21
Excerpt: ... are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple Computer, Inc. (2001) 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 whether to approve a settlement of a class action. (Luckeyv. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertif...
2023.12.20 Motion for Leave to Intervene in Action 360
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ...defendant in resisting the claims of a plaintiff." (Code Civ. Proc., S 387, subd. (b)(2).) "A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Code Civ. Proc., S 387, subd. (c).) "The court may, upon timely application, permit a nonparty ...
2023.12.20 Motion for Final Approval of Class Settlement 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ...eady 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. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. Settlement a. Legal Standards "When, a...
2023.12.20 Motion for Approval of Settlement 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ...ent thereon. Explanation: 1. Introduction under Labor Code section 2699, "[tlhe superior court shall review and approve any settlement of any civil acton filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, re...
2023.12.20 Demurrer to FAC 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ... the second, third, fifth, and sixth causes of action, with leave to amend. (Code Civ. Proc. S 430.10, subd. (e).) To overrule on all other grounds. (Code Civ. Proc. S 430.10, subd. (e), Plaintiff shall serve and file an amended complaint within 10 days of the date of service of this minute order by the clerk. All new allegations shall be in boldface. Explanation: Defendants Yamaha Golf-Car Company ("Yamaha") and Cart Star Motors, LLC ("Cart Star...
2023.12.19 Motion to Enforce Settlement 046
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.19
Excerpt: ...of Civil Procedure, section 664.6 provides in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of 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 the settlement. (Code Civ. Proc., S 664.6, subd. Here, the parties have a writing and litigation is still pending. The writing was c...
2023.12.19 Motion to Approve PAGA Settlement 736
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.19
Excerpt: ...ffected." (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Labor Code secton "The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency' at the same tme that it is submitted to the court." ) [A1 trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGAls purposes to r...
2023.12.19 Motion for Leave to File TAC 856
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.19
Excerpt: ... defendants whereby credit was given based upon the value of their used car lot inventory value secured by the title certificates of those vehicles until sold or for 120 days, which ever occurred first, at which time the loan was to be paid off. The loan agreement was secured by a promissory note, vehicle collateral, a personal guarantee, and a surety bond. Plaintiff alleges that defendants failed to perform. Plaintiff filed its original complain...
2023.12.14 Motion for Summary Judgment, to Quash Subpoena, for Protective Order 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.14
Excerpt: ...ity Fruit Company, Inc. or, in the alternative, for a Protective Order Tentative Ruling: To deny the motion for summary judgment. To deny the motions to quash the deposition on Union Bank and U.S. Bank. To deny the motion to quash the deposition subpoena on Trinity Fruit Company, Inc. To deny the alternative relief sought for a protective order limiting the subject matter of the production. To deny every request for sanctions. To direct the parti...
2023.12.13 Demurrer 675
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.13
Excerpt: ...l demurrer on claims that "[t]he pleading does not state facts suffcient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 ["'A demurrer can be utilized where the complaint itself is incomplete [Citations.l"].) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Transit Dist. (...
2023.12.12 Motion to Enforce Settlement, to Strike Costs 086
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.12
Excerpt: ...n: Enforce Settlement "Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement... The court retains jurisdiction to enforce a settlement under the statute even after a dismissal, but only if the parties requested such a retention of jurisdiction before the dismissal. Such a request must be made either in a writing signed by the parties or ora...
2023.12.06 Petition for Relief from Claim Filing Requirement 925
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.06
Excerpt: ...days of the date of the service of this minute order. (Govt. Code, S 946.6, subd. (f).) Explanation: Petitioners Eileen and John Quinto petition to the court for relief from government claim filing requirements pursuant to Government Code, secton 946.6 on the ground that there was excusable neglect for the untimely filing of their government claims. Unless otherwise provided for, no suit for money or damages may be brought against a government en...
2023.12.06 Motion to Compel Responses, for Monetary Sanctions 966
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.06
Excerpt: ...ories (Set One), and Request for ProducŸon of Documents (Set One). Cross-complainant Emory Merin is ordered to serve veriÞed responses, without objecŸons, to cross-defendant within 30 days of service of the minute order by the clerk. To grant monetary sancŸons against cross-complainant in the total amount of $780. Monetary sancŸons are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. E...
2023.12.05 Demurrer, Motion to Strike 606
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.05
Excerpt: ... page 18, line 6; page 19, lines 7-12; and page 19, line 28, with leave to amend. (Code Civ. Proc., S 436; Civ. Code, S 3294.) Plaintiff is granted 20 days' leave to file the second amended complaint. The tme to file the second amended complaint will run from service by the clerk of the minute order. All new allegations in the second amended complaint are to be set in boldface type. Explanation: Retaliation: Defendants, India Oven, Inc., Gurdev S...
2023.11.30 Motion to Compel Responses, for Monetary Sanctions 267
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.30
Excerpt: ...� General, Set One, and Requests for Production of Documents, Set One, and Request for Monetary Sanctions 3) Plaintiff's Moton to Compel Attendance of Defendant Joshua O'Bannon at his Deposition and Request for Monetary Sanctons * *If timely requested, oral argument will be heard on Thursday, December 7, 2023, at 3:30 p.m. in Department 502* * Tentative Ruling: To grant all motions. Within 20 days of service of the order by the clerk, defendants ...
2023.11.29 Petition to Coordinate Add-on Case 241
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.29
Excerpt: ...granted. The plaintiffs in the coordinated actions are owners and operators of pistachio orchards in the Central Valley. They allege that in the spring or summer of 2020 they applied to their pistachios the insecticide imidaclopris, manufactured by defendants Bayer, Albaugh, Rotan, Nutrien Ag Solutions, Inc., and Loveland Products, Inc. Plaintiffs thereafter delivered their 2020 pistachio crops to Horizon Nut Company, who informed plaintiffs that...
2023.11.28 Motion to Strike Attorney Fees 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.28
Excerpt: ...thin twenty (20) days from the date of this order. Explanation: A "contract may impliedly as well as expressly permit [l recovery" of attorneys' fees. (Citizens Suburban Co. v. Rosemont Development Co. (1966) 244 Cal.App.2d 666, 683 (Citizens).) However, "[alttorney fees cannot be allowed a successful litigant without pleading and proof that there is a contract provision for them[]" (Ibid), and a demand for judgment not supported by allegations c...
2023.11.28 Demurrer to FAC 186
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.28
Excerpt: ...A complaint showing on its face the cause of action is barred by the statute of limitations is subject to general demurrer." (Iverson, Yoakum, Papiano & Hatch v. Berwa d (1999) 76 Cal.App.4th 990, 995, citaton omitted.) A demurrer based on the statute of limitations is properly brought as a general demurrer for failure to state facts sufficient to constitute a cause of achon even though the section 430 does not mention the statute of limitation a...
2023.11.15 Motion to Compel Deposition of PMQ 650
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.15
Excerpt: ...in that Notice of Deposition as set forth herein, except with respect to Request nos. 14-18. Explanaton: Code of Civil Procedure section 2025.280 provides, in relevant part: "The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or employee of a party to attend and to testify as well as to produce any document for inspection and copying." (Code Civ. Proc., S 2025.280, subd. Cod...
2023.11.15 Motion to Approve PAGA Settlement 736
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.15
Excerpt: ... of the settlement of plaintiff's action for PAGA penalties against defendant set forth in its February 23, 2023 ruling. However, the request for one-third of the gross settlement to be awarded as attorney's fees remains unsupported. The court intends to perform a lodestar calculation to double check the reasonableness of the fee request. (Laffitte v. Robert Half Internat. (2016) 1 Cal.5th 480, 504- 506.) Labor Code section 2699, subdivision stat...
2023.11.14 Motion for Summary Judgment, Adjudication 155
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.14
Excerpt: ...gment law turns on issue finding rather than issue determination. (Diep v California Fair Plan Assln (1993) 15 Cal.App.4th 1205, 1207.) The court does not decide the merits of the issues, but merely discovers, through the medium of affidavits 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 s...
2023.11.14 Motion for Summary Judgment 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.14
Excerpt: ... (the "underlying Action"). Labiak moves for summary judgment on the ground that the claim is barred by the one-year statute of limitations. " he applicable statute of limitations for legal malpractice claims is secton 340.6." (Truong v. Glasser (2009) 181 cal.App.4th 102, 110, 103 cal.Rptr.3d 811.) It provides that a malpractice action must be commenced "within one year after the plaintiff discovers, or through the use of reasonable diligence sh...
2023.11.09 Motion for Trial Preference 296
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.09
Excerpt: ...dings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party s interest in the litigation. Civ. Proc., S 36, subd. "upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no contnuance beyond 120 days from the granting of the motion for prefer...
2023.11.08 Demurrer 076
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.08
Excerpt: ... 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, 697.) In assessing t...
2023.11.07 Motion to Disqualify Counsel 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Excerpt: ...he opposing party disclosed to the expert with an expectation of confidentiality. (Shadow Traffic Network v. Superior Court (1994) 24 Cal. App. 4th 1067, 1078-80.) "Because the burden is on the party seeking to disqualify the expert, that party should point to specific and unambiguous disclosures that if revealed would prejudice the party." (Hewlett-Packard co. v. EMC corp. (N.D. cal. 2004) 330 F.supp.2d 1087, 1094.) The party should not be requi...
2023.11.07 Demurrer to FAC 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Excerpt: ...to the demurring defendants. 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...
2023.11.02 Demurrer to FAC 659
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.02
Excerpt: ... eighth [sic, tenthl cause of action. (Code Civ. Proc. (Code Civ. Proc. S 430.10, subd. (f).) Leave to amend is granted to correct the mis-numbering of the ninth and tenth causes of action in addition to the two causes of action for breach of fiduciary duty. Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. ...
2023.11.01 Motion to Compel Initial Responses, to Admit Truth of Facts, for Monetary Sanctions 552
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...rd in Department 502 on Wednesday, November 1, 2023 at 3:30 pm ** Tentatve Ruling: To grant. (Code Civ. Proc., SS 2030.290, 2031.300.) Within 20 days of service of the order by the clerk, defendant Maria Angelica Ruiz Maciel shall serve objection-free responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and produce all responsive documents. The matters specified in plainti...
2023.11.01 Demurrer 336
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...murrer to the fourth cause of action and to sustain the general and s#cial demurrers as to the first, second, third, and sixth causes of action, with thirty (30) days leave to amend, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: General and Special Demurrers The basis for this demurrer is that the complaint, in its entirety, fails to state facts sufficient to cons...
2023.10.31 Demurrer 897
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.31
Excerpt: ...d claims are barred by the economic loss rule, as the defendants/cross-complainants have only alleged that they suffered financial harm due to plaintiffs' alleged breach of their contractual duties. Plaintiffs contend that, because defendants only allege economic harm from a contract breach, they cannot reccwer in tort as well. It is true that "[a] person may not ordinarily recover in tort for the breach of duties that merely restate contractual ...
2023.10.26 Motion to Quash Service of Summons 550
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.26
Excerpt: ... justifying the exercise of jurisdiction." (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449.) Once the plaintiff meets their burden of establishing minimum contacts, the burden shifts to the defendant to demonstrate that exercising jurisdiction would be unfair or unreasonable. (Secrest Machine Corp. v. Superior Court (1983) 33 Cal.3d 572.) Personal jurisdiction is either general, where the nonresident's contacts with the fo...
2023.10.25 Motion to Compel Further Responses 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Excerpt: ...ney, jointly and severally, payable no later than 30 days from the date of this order, with the time to run from the service of this minute order by the clerk. Civ. Proc. SS 2030.31W, subd. (d), 2023.010, subd. (h).) Explanation: A motion to compel further responses lies where the responses to the interrogatories are deemed improper by the propounding party, i.e., meritless or overly general objections, evasive or incomplete answers. (Code Civ. P...
2023.10.25 Motion for Summary Judgment, Adjudication 253
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Excerpt: ...ent with the court's summary judgment order. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of their cause of action or to show that there is a complete defense. Civ. Proc., S 437c, subd. Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts...
2023.10.24 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 385
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.24
Excerpt: ...ries (Set One), Special Interrogatories (Set One), and Request for Prtxluction of Documents (Set One). Plaintiff Dwayne Williams is ordered to serve verified responses, without objections, to defendant within 30 days of service of the minute order by the clerk. To grant defendant Jaene Ojeda Mendoza's requestto deem Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admit...
2023.10.19 Motion for Summary Adjudication 865
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Excerpt: ...injured on the job while working for an electrical subcontractor on September 25, 2019 at a constructon site at 570 N Magnolia Ave., Clovis, California 93611. Defendants Perch Construction, Inc. and Frontline Plastering were the general contractor and subcontractor, respectively. Perch's cross-complaint against Frontline seeks to enforce the defense and indemnity provisions of their subcontract pursuant to which Frontline agreed to provide plaste...
2023.10.19 Demurrer to SAC 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Excerpt: ...nia Attorneys, Administrative Law Judges and Hearing Offcers in State Employment ("Plaintiff") brings one cause of action for declaratory relief against defendants California Department of Human Resources and Eraina Ortega as Director for the California Department of Human Resources (collectively "Defendants"). Plaintiff seeks a judicial declaration of its rights as affected by Defendants' interpretation of certain state law. This court previousl...

632 Results

Per page

Pages