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2024.04.09 Motion to Compel Responses, for Inspection of Docs 084
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.09
Excerpt: ...in the amount of $1,605.00, to be paid within twenty (20) calendar days from the date of service of the minute order by the clerk. Explanation: Unverified Responses Resulting in Motions to Compel A propounding party may move for an order compelling response to its propounded interrogatories and/or demand. (Code Civ. Proc., §§ 2030.290, 2031.300.) For a motion to compel initial responses, no meet and confer is required. All that needs to be sho...
2024.04.09 Motion for Summary Judgment, Adjudication 013
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.09
Excerpt: ... of law. (Code Civ. Proc., § 437c, subd. (p)(2); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party's papers are construed strictly and the opposing party's liberally, and “any doubts as to the propriety of granting the moti on [are resolved] in favor of [the opposing party].” (Ibid.) Defendant contends that a pre -fire transaction discharged plaintiffs' loan and effectively terminated their insurable ...
2024.04.09 Demurrer, Motion to Strike FAC 894
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.09
Excerpt: ... as it pertains to punitive damages, specifically on page 3, Item No. 14(a)(2), without leave to amend. (Gov. Code, § 818.) Plaintiffs are granted 20 days' leave to file the Second Amended Complaint. The time in which the Second Amended Complaint can be amended 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: Demurrer Plaintiffs' operative c...
2024.04.04 Motion to Stay 649
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.04
Excerpt: ... (1967) 66 Cal.2d 738, 746.) An order staying discovery until expiration of the criminal statute of limitations allows plaintiff to prepare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal cas e.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Fifth Amendment - parallel civil and criminal actions Pursuant to both the United States and California constitutions,...
2024.04.04 Motion to Compel Arbitration, Dismiss Class Claims, for Stay 234
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.04
Excerpt: ...der the Private Attorney General Act (“PAGA”) as defined by Labor Code section 2698 et seq., on behalf of herself and all aggrieved employees. Defendant Family Tree Farms, Inc. (“Defendant”) now seeks an order compelling Plaintiff to private arbitration of her in dividual claims, to dismiss the class action components, and to stay the representative portion of the PAGA claim. A trial court is required to grant a motion to compel arbitrat...
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...
2024.04.04 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...
2024.04.03 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 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...
2024.03.27 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 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...
2024.03.26 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 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...
2024.03.14 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...
2024.03.13 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...

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