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2023.06.21 Demurrer, Motion to Strike 273
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.21
Excerpt: ...0 days' leave to file a second amended answer. The time in which the first amended answer can be amended will run from service by the clerk of the minute order. All new allegations in the second amended answer are to be set in boldface type. To deny the motion to strike affirmative defenses 1-7, 9-25, and 27-28, as moot in light of the ruling on the demurrer. To deny the motion to strike the request for attorney's fees due to a failure to provide...
2023.06.21 Demurrer 404
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.21
Excerpt: ...lease and breach of guarantee. The first cause for breach of lease is brought against Daphne's Restaurant-Fresno, lnc„ and the cause of achon for breach of guaranty is brought against defendants Mosa Gazali and Husein Alamoodi. "A cause of action for breach of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plai...
2023.06.15 Motion to Set Aside Default 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.15
Excerpt: ... defend the action, the court is empowered to grant relief from a default. (Code Civ. Proc„ S 473.5.) Defendant Bhupinder Singh ("Defendant") argues that he was never served the summons in this case. Though the filing of a proof of service creates a rebuttable presumption that service was proper (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163), "a declaration of non-service if credited by the trial court can rebut the presumption of proper serv...
2023.06.15 Motion for Judgment on the Pleadings 374
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.15
Excerpt: ...for judgment on the pleadings is a nonstatutory but well-established procedure with the purpose and effect of a general demurrer. Because the motion is, in effect, a general demurrer, the same rules apply. Thus, to prevail on a motion for judgment on the pleadings, a defendant must show a complaint fails to state a cause of acton. (Sofas v. Bank of America (1985) 172 Cal.App.3d 583, 586, citations omitted.) "'A motion for judgment on the pleading...
2023.06.15 Motion for Determination of Good Faith Settlement 374
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.15
Excerpt: ...court intends to deny plaintiff's motion to the extent that plaintiff seeks a determination that the settlement does not affect its claims against the non-settl-ng defendants, as such a determination is beyond the scope of section 877.6. Also, the court intends to deny plaintiff's moton to the extent it seeks to declare the settlement null and void and vacate the judgment. Explanation: Under Code of Civil Procedure section 877.6, subdivision (a),...
2023.06.14 Motion for Summary Judgment, Adjudication 314
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.14
Excerpt: ...parties are ordered to appear so that the court may determine whether such an interested party exists and if so, set a new court trial date. Explanation: Burden on Summary Judgment As the party moving for summary judgment, plaintiff bears an overall burden of persuasion that there is no triable issue of material fact and that it is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Woodridge Es...
2023.06.08 Motion for Summary Judgment, Adjudication 273
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.08
Excerpt: ... minute order, a order consistent with the court's summary adjudication ruling. Explanation: Successive Motions for Summary Judgment/Adjudicabon "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 that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summ...
2023.06.08 Motion for Determination of Good Faith Settlement 503
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.08
Excerpt: ... entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc., S 877.5, subd. (a)(l).) A determination that the settlement was made in good faith bars any other joint tortfeasor or co-obligor from further claims against the settling tortfeasor or...
2023.06.07 Motion for Final Approval of Class Settlement, for Attorney Fees 674
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.07
Excerpt: ...ward. Explanation: 1. Legal Standards "When, as here, a class settlement is negotiated prior to formal class certification, there is an increased risk that the named plaintiffs and class counsel will breach the fiduciary obligations they owe to the absent class members. As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) ...
2023.06.06 Demurrer 593
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.06
Excerpt: ...anguage must be set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not organized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff concedes that the religious exemption in FEHA would normally apply to defendant, but that defendant's acts of displaying ant-discriminatory posters constitutes a waiver of the religious organization exemption and that de...
2023.06.01 Motion to Quash Deposition Subpoena for Production of Business Records 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.01
Excerpt: ...5 and Exhibit A. To overrule plaintiffs remaining objections. To reserve the issue of sanctions. If oral argument is timely requested, the matter will be heard on Friday, June 2, 2023, 3:30 p.m. in Dept. 403. Explanation: Notice Counsel is required to provide notice to the opposing party when issuing a third party subpoena for business records. (See Code Civ. Proc„ S 2025.220, subd. (b); California Shellfish Inc. v. United Shellfish Company (19...
2023.06.01 Motion to Compel Responses 062
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.01
Excerpt: ...es, Set One, and Request for Production of Documents, Set One. Plaintiff Melinda Frias is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor ...
2023.05.31 Demurrer to FACC 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.31
Excerpt: ...eighth, and ninth causes of action, with leave to amend. To sustain cross-defendant Guardian Angel's Adult Day Health Care, LLC's demurrer to the fourth and fifth causes of action, without leave to amend. To overrule on all other grounds. Cross-complainant shall serve and file her second amended cross-complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface Explanation: Cross Complaint Generall...
2023.05.25 Motions to Compel Initial Responses, for Monetary Sanctions 024
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...dant Martin R'Nha to provide verified responses to form interrogatories, special interrogatories, and requests for production of documents. To order defendant to pay sanctions of $1,005. Defendant shall serve his verified responses without objections within 20 days of the date of service of this order. Defendant shall pay sanctions to plaintiff's counsel within 30 days of the date of service of this order. To grant the motion to compel defendants...
2023.05.25 Motion for Summary Adjudication 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...ontract; (2) breach of implied covenant of faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. The court notes the unusual timing of the present motion, which the court finds materially affects the consideration of the moton. A party may move for summary judgment at any time after 60 days have elapsed since the general ap#arance in the action or proceeding of each party against whom the mot...
2023.05.25 Motion for Final Approval of Class Action Settlement 134
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...rsuant to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentaton as to the amount paid to class members must be filed on or before April 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: "Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement." S...
2023.05.24 Motion to Compel Arbitration and Stay Action 439
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...ion). Plaintiff brings a complaint against defendant Hyundai Motor America for breach of express and implied warranties concerning this vehicle under the Song-Beverly Consumer Warranty Act (Civ. Code, SS 1790, et seq.). Defendant moves to compel plaintiffs to arbitrate these claims based on the Retail Installment Sales Contract ("RISC") they signed when they purchased the subject vehicle. No Automatic Stay Now in Place Defendant's Notice of Motio...
2023.05.24 Motion for Summary Adjudication 094
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...fth causes of action. Code of Civil Procedure section 437c, subdivision (f)(l), provides that "[a] party may move for summary adjudication as to one or more causes of action within an acton if that party contends that there is no affirmative defense thereto A motion for summary adjudication shall be granted only if it completely disposes of a cause of action ..." Plaintiff must "prove[ ] each element of the cause of achon entitling the party to j...
2023.05.24 Demurrer, Motion to Strike 294
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...om service by the clerk of the minute order. Explanation: Demurrer The function of a demurrer is to test the suffciency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern Belf with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlander...
2023.05.24 Application for Right to Attach Order and Writ of Attachment 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...f an undertaking. Explanation: A right to attach order, stating the amount to be secured by the attachment, shall issued if the court finds all of the following: 1. the claim upon which the attachment is based is one upon which an attachment may be issued; 2. the plaintff has established the probable validity of the claim upon which the attachment is based; 3. the attachment is not sought for a purpose other than the recovery on the claim upon wh...
2023.05.23 Motion for Summary Judgment 564
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.23
Excerpt: ...rder and Code of Civil Procedure section 872.720. The court intends to appoint a partition referee pursuant to Code of Civil Procedure section 873.010 in the interlocutory judgment, however the name of the referee shall be left blank so that the court can determine who should be appointed. To grant all requests for judicial notice. Explanation: Burden on Summary Judgment As the party moving for summary judgment, plaintiff bears an overall burden ...
2023.05.23 Motion for Legal Determination of Larger Parcel, to Exclude Expert Testimony 804
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.23
Excerpt: ...cre walnut orchard is part of the larger parcel. To deny plaintiff's motion to exclude the expert testimony of Stephen Roach. Explanation: Moton to Exclude Expert Testimony: Plaintiff moves to exclude Mr. Roach's testimony under Code of Civil Procedure section 1260.040, which states, "If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move th...
2023.05.11 Motion for Summary Judgment, Adjudication 424
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ... summary judgment of the first amended third cross-complaint in favor of cross-defendant O'Brien Steel, Inc. To deny summary adjudication of the second and fifth causes of action of the first amended third cross-complaint in favor of crosscomplainant American Crane Rental, Inc. Explanation: Summary Judgment Cross-defendant O'Brien Steel, Inc. ("OBE") seeks summary judgment of the first amended third cross-complaint ("TCC") against cross-complaina...
2023.05.11 Motion for Preliminary Approval of Class Action Settlement 943
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ...the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: ...
2023.05.11 Motion for Preliminary Approval of Class Action Settlement 563
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ...val of the proposed settlement. An agreement of the parties is not suffcient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for class certifi...

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