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2024.01.23 Motion for Preliminary Approval of Class Action Settlement 923
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.23
Excerpt: ...ility 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, 19.a) 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. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditi...
2024.01.23 Motion for Attorney Fees 583
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.23
Excerpt: ...ettlement. Explanation: A prevailing buyer in an action under the Song—Beverly Act "shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connecton with the commencement and prosecution of such action." (Civ. Code, S 1794, subd. (d).) The statute "...
2024.01.18 Motion to Enforce Settlement of Agreement, to Tax Costs 401
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.18
Excerpt: ... to Enforce Settlement Agreement "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.„." (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182, internal citations omitted); see also Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1353-1355 [assent can be established where the parties were present but did not object to settlement termsl.) Furth...
2024.01.18 Demurrer 864
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.18
Excerpt: ...lacks jurisdiction, the claims are barred by the doctrine of res judicata, and defendant's promise was an unenforceable gift. Cause of Action Improperly Labelled To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action or that "he is entitled to some relief." (Amid v. Hawthorne Community Medical Group, Inc. (1989) 212 Cal.App.3d 1383, 1386-1387.) Additionally, the court "treat[sl the demurrer as admitting ...
2024.01.17 Motion to Set Aside Default 214
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.17
Excerpt: ...by their first names, not out of disrespect, but for ease of reference.) Robert Kloppenburg (the decedent) passed away in November 2022. Brent is the trustee of his fathers (the decedent's) trust and Paz is the decedent's widow. Brent has known Paz for over 30 years. The plaintiff owns a home (the residence) in Fresno. Upon the decedent's death, the terms of the trust grant Paz the right to occupy the residence, provided she keeps the residence i...
2024.01.17 Motion for Attorney Fees, to Tax Costs 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.17
Excerpt: ...ory Miyake, DMD ("Defendant") seeks an award of attorney fees pursuant to Civil Code section 1717 following the dismissal of the Complaint by plaintiff Mehdi Jafarinejad, DMD ("Plaintiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for Ju...
2024.01.17 Demurrer to TAC 203
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.17
Excerpt: ...esno Code Enforcement Division and John Giannetta's demurrer to the Third Amended Complaint, without leave to amend. (Code Civ. Proc. S 430.10, subd. (e).) Defendants Fresno County Tax Collector Oscar Garcia, City of Fresno, City of Fresno Code Enforcement Division, and John Giannetta are directed to submit a proposed judgment. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enf...
2024.01.11 Motion to Compel Arbitration and Dismiss Class Claims 174
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.11
Excerpt: ...d all aggrieved employees under Labor Code section 2698 et seq. Defendant now seeks an order compelling plaintiff to private arbitration of his individual claims, and dismissal of the class claims. A trial court is required to grant a motion to compel arbitration "if determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the part...
2024.01.10 Motion for Preliminary Approval of Class Action Settlement 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.10
Excerpt: ...t 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: "The parties' representation of an uncontested moti...
2024.01.09 Motion to Compel Deposition, for Sanctions 648
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.09
Excerpt: ... pay monetary sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 2025.450, "If, after service of a deposition notice, a party to the action without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the d...
2024.01.09 Motion for Consolidation 454
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.09
Excerpt: ...On October 31, 2022, plaintiff John Doe, a minor by and through his guardian ad litem, Sara Parker, filed suit against defendants Fresno Unified School District and William Duprey regarding claims of sexual abuse, and negligent hiring and supervision in or around September 2019.1 On May 18, 2023, plaintiff A.J., a minor by and through his guardian ad litem Jose Miguel Juarez, filed suit against defendants Fresno Unified School District and Willia...
2024.01.04 Motion for Attorney Fees 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.04
Excerpt: ...ntiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for July 28, 2023. On July 27, 2023, Plaintiff filed a request for dismissal of the Complaint without prejudice; the dismissal was entered the same day. Defendant asserts that he is the p...
2024.01.04 Motion to Compel Further Responses, for Monetary Sanctions 354
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.04
Excerpt: ...gainst plaintiff in the amount of $1800, payable within 10 days of the date of this order, with the time to run from service of this minute order by the clerk. Explanation: Discovery Motions Generally As a preliminary matter, motions to compel compliance with separate discovery requests ordinarily should be filed separately. Despite the fact that plaintiff has only set one motion on the court's calendar, the court will rule on the motion, which i...
2024.01.04 Motion to Deem RFAs Admitted 323
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.04
Excerpt: ...ke plaintiff's objections in the responses, as plaintiff waived the right to object when he failed to serve timely responses and thus the objections are improper. Explanation: under Code of Civil Procedure section 2033.280, If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including ...
2024.01.03 Demurrer to TAC 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.03
Excerpt: ...t first asking for leave of court to amend. (Code Civ. Proc., S 436; Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 578.) To sustain the demurrer to the first, second and third causes of action as to defendants Mitch Herr, Vilay Lee, Cher Yang, and the Hmong Cultural New Year Celebration, Inc., to the entire operative complaint, without leave to amend. (Code Civ. Proc., S 430.10, subd. (e).) To sustain the demurrer to the first cause of achon as...
2024.01.03 Demurrer to FAC 593
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.03
Excerpt: ...set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not orgarized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff argues that religious organizations are subject to FEHA, and that if they are not, then the doctrines of waiver and estoppel act to make defendant subject to FEHA as if the exemption did not apply. Essentially, plaintiff argues that def...
2023.12.21 Motion for Summary Judgment, Adjudication 234
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.21
Excerpt: ...ve and file supplemental opposition by the close of business on February 15, 2024. Defendant shall serve and file its supplemental reply by the close of business on February 22, 2024. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiff's claims for breach of express and implied warranties under the Song-Beverly Consumer Warranty Act. (Civil Code, S 1790, et seq.) Defend...
2023.12.21 Motion for Summary Judgment, Adjudication 003
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.21
Excerpt: ... aside or judgment is entered (i.e„ giving the defendant the right to appeal). (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.) Due process would not be served by allowing plaintiffs to give the defendant notice of a motion when defendant's right to defend herself regarding that motion had already been cut off. Further, Plaintiffs have already been told, via the court's Order Denying Application for Default Judgmen...
2023.12.21 Motion for Leave to Intervene 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.21
Excerpt: ...intervene where the nonparty "claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties." (Code Civ. Proc., S 387, subd. (d)(1)(B).) Where the court finds the nonparty's interests are a...
2023.12.13 Motions to Compel Responses, for Monetary Sanctions 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.13
Excerpt: ...tories, Set One and Request for Production of Documents, Set One, and to Establish Admissions Propounded on Defendant Samat Sok Kim and Request for Monetary Sanctions Tentative Ruling: To grant all motions. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) Within 20 days of service of the order by the clerk, defendants Jung Jay H. Kim and Samat Sok Kim shall serve objection-free responses to Form Interrogatories, Set One, and Request for Produc...
2023.12.07 Motion to Compel Further Responses, for Monetary Sanctions 624
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.07
Excerpt: ...for sanctions against defendant. To grant defendant's request for monetary sanctions against plaintiff and his attorney, in the amount of $440. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: under Code of Civil Procedure sections 2030.300, subdivision (c), and 2031.310, subdivision (c), unless notice of the motion to compel further responses is given within 45 days of the service of th...
2023.12.06 Motion for Terminating Sanctions, to Strike Answer, to Compel Initial Responses 405
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.06
Excerpt: ... method of discovery and disobeying court order to provide discovery. The clerk is directed to enter the defaults of Joshua Mitchell and JDM Landscape, Inc. To take the motion to compel and motion to strike off calendar as moot in light of the grant of terminating sanctions. Explanation: On 6/21/23, the court granted plaintiffs' motion to compel JDM Landscape, Inc., to serve verifications to Form Interrogatories, Set One, and Request for Producti...
2023.11.30 Demurrer, Motion to Strike FAC 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...alian shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of achon for "Fraudulent Inducementconcealment" on the basis that it is barred by the three-year statute of limitations. (Code Civ. Proc. S 430.10, (e).) Plaintiff purchased a 2017 GMC Sierra 1500 truck on April 19, 2017 and this action was...
2023.11.30 Application for Writ of Possession 044
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...notice of this proceeding. A writ of execution may be obtained through an ex parte application, however, "a taking such as that inwlved in claim and delivery procedure violates due process if it occurs prior to a hearing on the merits unless justified by weighty state or creditor interests." (Blair v. Pichess (1971) 5 Cal.3d 258, 278; see also Sea Rail Truckloads, Inc. v. Pullman, Inc. (1982) 131 Cal.App.3d 511, 515 ["An ex parte writ of possessi...
2023.11.30 Motion for Summary Judgment, Adjudication 013
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...in's lymphoma ("NHL"), while employed by BNSF Railway Company. As applicable here, plaintiff seeks to hold Monsanto Co. responsible for his NHL, asserting eight claims against it: (1) strict liability failure to warn; (2) strict liability — design and manufacturing defect; (3) breach of express warranty; (4) breach of implied warranty; (5) negligence; (6) negligent misrepresentation; (7) fraud (intentional misrepresentation); and (8) fraud by c...
2023.11.30 Special Motion to Strike 299
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...on: Defendant's Procedural Objections: First, to the extent that defendant argues that the court should refuse to hear the merits of the moton to strike because of various procedural defects, the court will overrule the objections and hear the merits of the motion. Defendant argues that the motion was not properly served on defense counsel by electronic delivery, as plaintiff served the motion on the wrong email address. However, defendant has wa...
2023.11.28 Demurrer, Motion to Strike 499
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.28
Excerpt: ...gation "for poor performance." To grant the motion to strike part of paragraph 22, page 5, lines 21- 27, starting with "However..." and ending with "...co-owned." To grant the motion to strike part of paragraphs 40 and 73, specifically the allegation "Since the 1940s." To deny the rest of the moton to strike. To deny leave to amend. Explanation: Demurrer: Plaintiffs first argue that the defendants' quiet title claims all fail to state valid cause...
2023.11.28 Application for Entry of Court Judgment 074
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.28
Excerpt: ...shall examine into and determine the plaintiff's title against the claims of all the defendants, and require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants. Civ. Proc. S 764.010.) A plaintiff seeking to quiet title shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought. (Code Civ. S 762.010...
2023.11.16 Special Motion to Strike Complaint 734
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.16
Excerpt: ...2003) 113 Cal.App.4th 181, 186.) The court engages in a two-step process in determining whether an action is subject to the anti- SLAPP statute: first, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. If the court finds such a showing has been made, it then determines whether plaintiff has demonstrated a probability of prevailing on the claim. (Code Civ. P...
2023.11.14 Motion to Quash Subpoenas for Production of Business Records or for Protective Order to Modify Subpoenas 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.14
Excerpt: ... only production of plaintiff's medical records related to her June 2021 hospitalization for low sodium levels, and her subsequent stay in the skilled nursing facility, as well as records related to her claimed injuries from the subject fall. To deny both parties' request for sanctions against each other. Explanation: First, to the extent that defendant contends that the plaintiff's motion is procedurally defective because she did not file a requ...
2023.11.14 Motion for Preliminary Approval of Class Action Settlement 104
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.14
Excerpt: ...ss meets 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, 93-95.) "Class certification requires proof (1) of a suffciently numerous, ascerta...
2023.11.14 Motion for Leave to Intervene 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.14
Excerpt: ...or (b). The supplemental briefs are due simultaneously on December 1, 2023 and are not to exceed 10 pages. Explanation: This motion arises out of a wrongful death claim brought by decedent's spouse. The petition to intervene is brought by decedent's mother, Suzanne Lagay. Intervention is the by which a non-party to an action may become a party. (See Code Civ. Proc., S 387.) Interventon may be as of right or permissive. (Ibid.) A nonparty has the ...
2023.11.08 Motion to Deem RFAs Admitted, for Sanctions 036
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...n Slatic unless responses in substantial conformity with Code of Civ-l Procedure section 2033.220 are served prior to the hearing. To impose monetary sanctions in the total amount of $60 against plaintiff Kathleen Slatc, in favor of defendant Daniel Ashley. Within thirty (30) days of service of the order by the clerk, plaintiff Kathleen Slat-ic shall pay sanctions to defendant Daniel Ashley's counsel. Explanation: On December 23, 2022, the discov...
2023.11.08 Motion to Compel Further Responses 013
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...2030.300 on the basis that "[p]laintiff[s] failed to or to submit to an authorized method of discovery, made evasive responses to discovery (Notice of Motion, at p. 2:11-13.) Defendant's separate statement, however, shows that plaintiffs responded to each of the subject requests for admissions with straight forward denials and factual replies, and which, in particular, identified nonparty Ken Boyd as their intermediary with defendant and primary ...
2023.11.08 Motion for Summary Judgment 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ... Fresno County Superior Court Case Number 22CECG019861 , which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed the stop sign at the intersection, precipitating the subsequent collision. Defendant Singh fled t...
2023.11.08 Motion for Final Approval of Class Action Settlement 073
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...ement amount is $182,915.07. A revised proposed order shall be submitted to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at November 6, 2024, at 3:30 p.m. in Department 403 as a hearing date for an Amended Judgment pursuant to Cuie of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later t...
2023.11.07 Motions to Compel Initial Responses, Deposition, for Monetary Sanctions 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.07
Excerpt: ...ant Student Transportation of America, Inc. (STA) in part. To order STA to provide verified responses to the interrogatories and requests for to the extent that it provided substantive responses to the interrogatories and requests. STA shall serve verified responses within 10 days of the date of service of this order. To grant the motion deeming STA to have admitted the truth of the matters in the requests for admission to the extent that STA ser...
2023.11.02 Motion to Allow Neuropsychological Evaluation 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Excerpt: ...t (1987) 43 Cal.3d 833 (Vinson), the California Supreme Court rejected the plaintiffs claim that her mental condition was not placed "in controversy" by her allegation of continuing emotional distress. "[Clourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. ' (ld. at p. 842.) "[A] party who chooses to allege that he has mental and emotional difficulties can hard...
2023.11.02 Demurrer to FAC 723
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Excerpt: ...be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Exhaustion of Administrative Remedies "In general, a party must exhaust administrative remedies before resorting to the courts." (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Board (2005) 35 Cal.4th 1072, 1080.) Furthermore, "[w]here administrative remedies exist, California courts usuall...
2023.11.01 Motion for Preliminary Approval of Class Action Settlement 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Excerpt: ...nary 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 pro#r. (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 cl...
2023.11.01 Demurrer to Complaint 730
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Excerpt: ... its answer to the Complaint within 10 days of service of the order by the clerk. Explanation: It is "the established rule that as against a general demurrer a complaint will be liberally construed that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary i...
2023.10.31 Motion for Leave to Amend Answer 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Excerpt: ...ng's Commercial Transfer, Inc. ("YCT) filed the instant action and were later named as defendants in Fresno County Superior Court Case Number 22CECG01986, which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed...
2023.10.31 Application for Default Judgment of Quiet Title 004
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Excerpt: ...s, Angel Gomez and Tomas Gomez who owned the property as joint tenants, and accomplished the transfer through a Grant Deed from Angel Gomez to himself and a Grant Deed from defendant Tomas to plaintiff executed by attorney Thornton Davidson as Attorney-in-Fact for defendant. (Complaint, '14.) Plaintiff has not submitted evidence to support these asserted facts to establish his right to legal title to the property. The evidence plaintiff has submi...
2023.10.26 Motion to Compel Further Responses 484
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Excerpt: ...ions as set forth below. To grant the motion to compel further verified response to Demand for Production, Set One. Within 20 days of service of the order by the clerk, plaintiff shall provide a second amended response to each document demand and produce all responsive documents, if they have not pr(Nluced already. To impose $3,120 in monetary sanctions against plaintiff Megan Zupancic and in favor of Platinum Coast Inc., to be paid to Platinum C...
2023.10.26 Motion for Leave to Amend Answer 299
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Excerpt: ..., "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an ...
2023.10.26 Motion for Attorney Fees 230
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Excerpt: ...dard for Awarding Attorney's Fees Probate Code section 4545 provides that when a challenge is made to a power of attorney by someone other than the attorney in fact, "the court may in its discretion award reasonable attorney's fees" to the attorney in fact, if the court determines that the proceeding was commenced without any reasonable cause." The Probate Code does not define reasonable cause" as it is used in section 4545. However, California c...
2023.10.25 Motion to Compel Arbitration, Stay Pending Litigation, and Dismiss Putative Class Claims 474
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Excerpt: ... claims from arbitration. To dismiss the plaintiff's class claims. To stay the litigation of the PAGA claim until the arbitration has been resolved. Explanation: Pursuant to California Code of Civil Procedure secton 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 ...
2023.10.25 Motion for Summary Judgment 834
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Excerpt: ...d Avenue, Fresno, California 93726 (the "Property"). Plaintiff alleged having exclusive, complete, open, continuous and notorious possession of the property for more than five years. Plaintiff now seeks summary judgment. A party may move for summary judgment in an action if is contended that there is no defense to the action. (Code Civ. Proc. S 437c, subd. (a)(l).) Notice of the motion and supporting papers shall be served on all other parties to...
2023.10.25 Motion for Preliminary Approval of Class Settlement 630
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Excerpt: ....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. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. The court may make an o...
2023.10.24 Motion for Final Approval of Class Settlement 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.24
Excerpt: ...lass Certification The court has already 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. Se...

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