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2024.04.04 Demurrer to TAC 774
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.04
Excerpt: ...ction with leave to amend. The plaintiff is granted leave of 10 days to file a fourth amended complaint, which will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: Late -Filed Opposition Although it has disc retion to refuse to consider a late filed paper (Cal. Rule of Court, rule 3.1300(d)), the court notes that plaintiffs offer a reasonably plausible excuse (see Reply to Notice of Non...
2024.04.04 Demurrer, Motion to Strike 321
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.04
Excerpt: ...ortions of the First Amended Cross -Complaint To sustain the demurrer to the third cause of action, with leave to amend. (Code Civ. Proc. § 430.10, subd. (g).) To sustain the demurrer to the fourth and fifth causes of action, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike the prayer for attorney fees, with leave to amend. Explanation: Cross -Defendants Skyrunner Drone Light Shows, LLC, Noah Furhman, D...
2024.04.03 Motion to Compel Further Responses 893
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.03
Excerpt: ...s further responses are to be served no later than April 26, 2024 by 5:00 p.m. To find moot the motion for further response to Amended Request for Production No. 76. Explanation: A motion to compel must “set forth specific facts showing good cause justifying the di scovery sought by the inspection demand.” (Code Civ. Proc., § 2031.310 (b)(1).) Absent a privilege issue or claim of attorney work product, that burden is met simply by a fact -...
2024.04.03 Motion for Summary Judgment, Adjudication 940
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.03
Excerpt: ...he Comp laint by plaintiffs Daniel Ricky Blanco and Oscar Rudolfo Blanco (collectively “Plaintiffs”). The Complaint states two causes of action: (1) motor vehicle accident, as to defendant Edsel Antunez; and (2) negligence, as to Defendants. A trial court shall gr ant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citi...
2024.03.28 Motion for Preliminary Approval of Class Settlement 039
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.28
Excerpt: ...req uires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the c lass; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a ...
2024.03.28 Demurrer, Motion to Strike 214
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.28
Excerpt: ...tion. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff is granted 10 days' leave to file the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To deny the motion to strike th e allegations regarding the Italian property and alleged Real Property Agreement. To find the motion to strike the allegations and prayer for punitive damages and treble damages mo...
2024.03.27 Motion to Confirm Arbitration, for Reinstatement 674
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.27
Excerpt: ...deny the petition for reinstatement. Explanation: Confirm Arbitration Award Cross -Complainant Shashi Sharma (“Sharma”) seeks to confirm an arbitration award in the above matter under Code of Civil Procedure section 1285. Any party to an arbitration in which an awar d has been made may petition the court to confirm the award. (Code Civ. Proc. § 1285.) The petition shall set forth the substance of or have attached a copy of the agreement t...
2024.03.27 Motion for Summary Judgment, Adjudication 613
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.27
Excerpt: ....App.4th 705, 713, quoting Code Civ. Proc. § 437c(c).) Summary judgment is properly directed toward the entire complaint and not portions thereof. (see Barnick v. Longs Drug Stores, Inc. (1988) 203 Cal.App.3d 377, 384; Khan v. Shiley, Inc. (1990) 217 Cal.App.3d 848, 858- 859.) Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty.�...
2024.03.27 Motion for Prejudgment Interest 007
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.27
Excerpt: ... es that “[a] person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, excep t when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from any debtor, including the state...
2024.03.26 Motion to Compel Arbitration 434
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.26
Excerpt: ...epartm ent 403. Explanation: Defendant Future Clovis, Inc. dba Future Ford of Clovis (“Defendant”) moves for an order compelling plaintiffs SS Pro Flooring & Construction, Inc. and Saul Sanchez Medina (collectively “Plaintiffs”) to arbitration. A trial court is r equired to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc. § 1281.2) However, there is “no ...
2024.03.21 Motion to Adjudicate All Claims in Same Forum 940
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.21
Excerpt: ...elling Travelers Casualty and Surety Company of America (Doe 151), Western Surety Company (Doe 152), Fidelity and Deposit Company of Maryland (Does 153) and North American Specialty Insurance Company (Doe 154) (hereinafter “Surety Defendants”) to arbitrate the fifth ca use of action with the claims previously ordered to arbitration or, in the alternative, to remove the claims subject to the arbitration agreement with their employer from arbi...
2024.03.19 Application for Writ of Possession 321
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.19
Excerpt: ...McMillin”). On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. § 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showing of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim is based on a written instrument, a copy of that instrument mu...
2024.03.14 Motion for Judgment on the Pleadings, for Preliminary Injunction 740
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14
Excerpt: ...: Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Doug...
2024.03.14 OSC Re Contempt 230
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14
Excerpt: ...process of the court' constitutes contempt. (Code Civ. Proc., § 1209, subd. (a)(5).)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. [Citation.]” (Ibid.) The contemnor must also be served with the Order to Show Cause (“OSC”) for Contempt in th...
2024.03.14 Motion for Summary Judgment, Adjudication 924
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14
Excerpt: ...ts shall submit a proposed judgment consistent with the court's ruling within ten (10) days from the date of this order. Explanation: Summary Judgment A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the initial burden of product...
2024.03.13 Motion to Expunge Lis Pendens 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.13
Excerpt: ... interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “In proceedings under this chapter, the court shal l order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim.” (Code Civ. Proc., § 405.31.) In addition, “the court shall order th...
2024.03.12 Motion to Strike Answer 553
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.12
Excerpt: ... -day lea ve to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: Defendant MB, a limited liability company, filed its Answer to the Complaint on December 12, 2022. The answer was si gned by legal counsel at that time, but on December 20, 2022 MB filed a substitution of attorney, relieving its former attorney as counsel and substituting itself as legal representative. ...
2024.03.12 Demurrer to SAC, Motion to Strike 774
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.12
Excerpt: ...o the Second Amended Complaint. The time in which the answers can be filed will run from service by the clerk of the minute order. To sustain the demurrers by both defendants as to the second cause of action, without leave to amend. Defendants are directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the second cause of action as to both defendants. To grant the motion to strike the prayer...
2024.03.12 Demurrer to SAC 431
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.12
Excerpt: ...n: Defendant demurs to the third cause of action for fraud on the ground that plaintiff fails to state facts sufficient to state a cause of action. Stating a Fraud Cause of Action “ ‘The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justifiable ...
2024.03.07 Motion to Compel Responses 303
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.07
Excerpt: ...es. Any objections included in those response are stricken, as all objections are waived due to the failure to serve timely responses. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a), 2033.280, subd. (a).) To deny the request for monetary san ctions. Explanation: On November 14, 2023, plaintiff served Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admission, all Set One, on def...
2024.03.07 Motion for Attorney Fees 814
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.07
Excerpt: ... which provides, in pertinent part that fees may be awarded to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if : (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement… are such as to make th...
2024.03.07 Demurrer, Motion to Strike 634
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.07
Excerpt: ...no's demurrer to the second, third, fifth, and sixth causes of action in the First Amended Complaint, with leave to amend. To overrule defendant City of Fresno's demurrer as to the first and fourth causes of action in the First Amended Complaint. 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. Explanati...
2024.03.06 Motion to Stay Action 240
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.06
Excerpt: ...di scretion to stay a civil proceeding where there is a related criminal proceeding pending. The decision whether to stay civil proceedings in the face of a parallel criminal proceeding should be made 'in light of the particular circumstances and competing interests involved in the case.' [Citation.] This means the decisionmaker should consider 'the extent to which the defendant's fifth amendment rights are implicated.' [Cita...
2024.03.06 Motion for Terminating Sanctions and Monetary Sanctions 024
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.06
Excerpt: ...s shall pay monetary sanctions within 20 days of the date of service of this order. However, the court intends to deny the request to enter an immediate default judgment against defendants, as plaintiff still needs to submit a default jud gment application with evidence to prove up its damages. Explanation: Code of Civil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,...
2024.03.06 Motion for Attorney Fees 563
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.06
Excerpt: ...ministrator actually charged for its services. Explanation: 1. Class Certification The court has already determined that the proposed class meets the requirements for certification when it granted preliminary approval of the proposed settlement. There have been no objections to the court's decision, and nothing has happened since the preliminary approval order that would cause the court to reconsider its determination. Therefore, the court inte...
2024.03.05 Demurrer 930
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.05
Excerpt: ...e of this order. All new allegations shall be in boldface. Explanation: First Cause of Action: “Establishing that claim [for breach of contract] requires a showing of ‘(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.'” (D'Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800, c...
2024.03.05 Demurrer 693
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.05
Excerpt: ...nc. and Modivcare Solutions, LLC (collectively, the “Modivcare Defendants”) demur to the entirety of the complaint on the ground that the complaint fails to state a cause of action, and each cause of action is uncertain and time -barred by the applic able statute of limitations. While plaintiff may and does utilize the Judicial Council form complaint, the usage of the form does not change the statutory requirement that the complaint contain �...
2024.02.21 Motion to Tax Costs 635
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.21
Excerpt: ...tion: Defendants timely filed their Memorandum of Costs, and plaintiff timely filed his motion to tax those costs. Defendants are entitled to claim costs as prevailing parties, since a dismissed defendant is deemed the prevailing party. (Code Civ. P roc., § 1032, subd. (a)(4); City of Long Beach v. Stevedoring Services of America (2007) 157 Cal.App.4th 672, 678.) This is so whether the dismissal was voluntary or (as here) involuntary. (Crib Re...
2024.02.21 Motion to Strike Punitive Damages from FAC 194
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.21
Excerpt: ...a public entity defendant. Specifically, the allegations on paragraph 93, pages 16:23 – 17:5, paragraph 102, pages 17:24 - 18:5, paragraph 111, pages 18:24 – 19:6, paragraph 120, pages 19:23 – 20:5, paragraph 129, pages 20:23 – 21:4, and Prayer for Relief, paragraphs 3, page 32:10 -11 and 12, page 33:23 are stricken from the First Amended Complaint. The court also intends to deny leave to amend. If oral argument is timely requested, such...
2024.02.21 Motion to Strike 193
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.21
Excerpt: ... a First Amended Complaint. The time in which such pleading may be filed will run from service by the clerk of the minute order. All new allegations in the First Amended Complaint are to be set in boldface type. If oral argument is timely requested, su ch argument will be entertained at 9:00 a.m. on Friday, February 23, 2024, in Department 501. Explanation: A motion to strike can be used to cut out any “irrelevant, false or improper” matters...
2024.02.21 Motion for Preliminary Approval of Class Action Settlement 943
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.21
Excerpt: .... Class Certification a. Standards First, the court must determine whether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient t o 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....
2024.02.08 Motion to Set Aside Default 914
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.08
Excerpt: ...surprise, mistake or excusable neglect under Code of Civil Procedure section 473, subdivision (b).3 Code of Civil Procedure section 473, subdivision (b) provides, in pertinent part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for t...
2024.02.08 Motion to Compel Deposition of PMK, Further Responses, for Sanctions 183
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.08
Excerpt: ... will be entertained on Tuesday, February 20, 2024, at 3:30 p.m. in Department 403. Tentative Ruling: To grant plainti¯'s motion to compel testimony from person most knowledgeable for defendant Fresno Surgery Center. To grant plainti¯'s motion to compel further responses to request for production of documents served with deposition notices. Defendant shall make its persons most knowledgeable available for the next noticed deposition dates, an...
2024.02.08 Motion for Summary Judgment 944
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.08
Excerpt: ...rules all of plainti¯'s objections to the Hamilton Declaration, all of plainti¯'s objections to the Wijnen Declaration, plainti¯'s one objection to the Le¯al Declaration, and the objection to paragraph 3 of the Bryan Declaration. The court sustains plainti¯'s hearsay objection to paragraph 4 of the Bryan Declaration. The court overrules defendant's objections numbers 1, 3, 4, 6, and 7. The court sustains defendant's objections numbers 2...
2024.02.07 Motion to Strike Doe Amendments 179
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.07
Excerpt: ...y name; when the defendant's true name is discovered, plainti¯ must amend their pleading accordingly. (Code Civ. Proc. §474.) The court may strike out any irrelevant, false or improper matter inserted in any pleading; or strike out all or any part of any pleading not drawn or Þled in conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc. §436(a) and (b).) In the case at bench, Defendants move to strik...
2024.02.07 Motion for Summary Judgment 214
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.07
Excerpt: ...posed judgment consistent with this ruling. To direct defendant Volkswagen Group of America, Inc. to remit $500 in Þling fees for the consideration of the summary judgment motion. Explanation: Defendants Volkswagen Group of America, Inc. (“Volkswagen”) and Michael Cadillac, Inc. (“Michael Cadillac”) move for summary judgment of the Complaint Þled by plainti¯ Hubert Williams (“Plainti¯”). The Complaint states 5 causes of action: ...
2024.02.06 Motion to Compel Further Responses 893
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.06
Excerpt: ...nal request and response, the request as amended following meet and confer, and any amended response, in addition to the moving party's statement of the factual and legal reasons for compelling a further response and an opposing response thereto. (Cal. Rules of Court, rule 3.1345, subd. (c).) The Joint Separate Statement shall be Þled at least ten court days before the continued hearing. Explanation: A motion to compel a further response to dema...
2024.02.01 Demurrer, Motion to Strike 000
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.01
Excerpt: ...in his Þrst amended complaint (the "FAC") that he purchased a 2021 Chevrolet Silverado (the "Vehicle") in November 2021. The plainti¯ alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information, including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the public,...
2024.02.01 Motion to Stay All Proceedings 454
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.01
Excerpt: ...7) 66 Cal.2d 738, 746.) An order staying an action until determination of criminal charges allows plainti¯ to prepare his or her action “while alleviating [defendant's] di¯icult choice between defending either the civil or criminal case.” (See Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) The requesting party is generally entitled to a stay in the civil action until disposition of the criminal matter. (See id.) Here, def...
2024.01.31 Motion to Quash Deposition Subpoena for Production of Business Records 913
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.31
Excerpt: ...to the present. To deny plainti¯'s r e q u e s t f o r m o n e t a r y sanctions against defendants. Explanation: Defendants move to quash plainti¯'s business records subpoena under Code of Civil Procedure sections 1985.3 and 1987.1, contending that the subpoena is overbroad, burdensome, harassing, seeks conÞdential and private information, and seeks information that is not relevant or likely to lead to the discovery of admissible evidence. ...
2024.01.30 Motion for Summary Judgment 414
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.30
Excerpt: ... action has no merit if the party has shown that one or more elements of the cause of action … cannot be established, or that there is a complete defense to the cause of action.” (Code Civ. Proc. § 437c, subd. (p)(2).) If the defendant does not meet that burden, the motion must be denied, even if the plainti¯ has not opposed it adequately or at all. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 742743.) Once the moving defendant has met it...
2024.01.30 Demurrer to TACC 724
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.30
Excerpt: ...eave to Þle the Fourth Amended Cross-Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Cross- Defendant SpotOn Transact, LLC (“SpotOn”) demurs to the third and fourth causes of action in cross complainants' third amended cross-complaint (TACC) on the basis that each fails to state facts su¯icient to state a cause of action. (Code Civ. Proc. §430.10,...
2024.01.25 Motion to Strike SACC 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.25
Excerpt: .... Proc., S 436, subd. (b); Code Civ. Proc., S 1021.) Explanation: Untimely Amendment Plaintiff and Cross-Defendant Guardian Angel's Adult Day Health Care, LLC ("Guardian Angel") moves to strike the entirety of Defendant and Cross-complainant's Second Amended Complaint, filed on June 21, 2023, on the ground of untimeliness, or in the alternative, to strike the request for attorneys' fees. When the court sustains a demurrer with leave to amend, ord...
2024.01.25 Motion for Summary Judgment 930
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.25
Excerpt: ...juries suffered when plaintiff Roland Diaz was attacked in his office at Fresno City Hall Annex by Joseph Roy. Plaintiffs contend that locks and doors within the building did not operate as expected, due to the negligence of defendants, such that Mr. Roy was able to enter plaintiff's office and injure Mr. Diaz. However, the evidence shows that Sierra Lock did not install, service and/or repair any lock involved in the subject incident. (UMF 1-7.)...
2024.01.25 Motion for Summary Judgment 131
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.25
Excerpt: ...hired the plaintiff, Mr. Lopez, an experienced licensed roofing contractor, to work on their roof. (Fact Nos. 2, 6; Plaintiffs Fact ["P-Fact"l Nos. 1, 2.) Mr. Lopez brought his own ladder and tools to the premises to perform work on the roof. (Fact No. 7.) Mr. Lopez's typical practice is to place his ladder and test it to make sure it is steady and secure before using it to avoid falls. (Fact No. 8.) Mr. Lopez placed his ladder at the back of the...
2024.01.24 Motion to Compel Arbitration and Dismiss or Stay Proceedings 954
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ...) Explanation: "California law like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) "When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed." (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) In addition, arbitration is a " 'matter of consent, not coercion,'" an...
2024.01.24 Motion for Trial Preference 903
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ...ng findings: (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. (Code 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 motio...
2024.01.24 Motion for Summary Judgment, Adjudication 399
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ... order. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of the at-issue cause of action or to show that there is a complete defense. (Code Civ. Proc. CCP S 437c, subd. (p)(2).) 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 exists — ...
2024.01.24 Motion for Attorney Fees 094
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ... to as the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees. (Trope v. Katz (1995) 11 Cal.4th 274, 278.) Code of Civil Procedure section 1021 provides: "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are e...
2024.01.23 Motion to Declare Vexatious Litigant, for Prefiling Order 624
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.23
Excerpt: ...gant. To order plaintiff to obtain permission from the presiding judge of the court before filing any new actons in pro per. Explanation: Demurrer: Defendant demurs to the entire complaint on the grounds that of "failure to include any causes of action" and "unintelligibility." However, "failure to include any causes of action" and "unintelligibility" are not statutory grounds for a demurrer. It appears that defendant is arguing that the complain...

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