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2023.08.01 Motion to Quash Summons 939
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.01
Excerpt: ...ence to alienate her from plaintiff For convenience, the court will refer to plaintiff Erin Stratte as Erin and defendant Eric Stratte as Eric. The Complaint includes a cause of acton under the False Claims Act brought on behalf of the State of California. The claim is based on the allegation that defendants presented a false claim to the State to defraud decedent out of her CalPERS pension and medical benefits. On April 11, 2023, Eric was served...
2023.08.01 Motion to Compel Arbitration 153
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.01
Excerpt: ...denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 cal.4th 394, 413-414; Hotels Nevada v. L.A. Pacific ctr., Inc. (2006) 144 cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) This case is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. S 1, et seq. Section 2 of the FAA provides for enforcement of arbitration provisions in any co...
2023.07.27 Motion to Dismiss for Failure to Prosecute 635
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.27
Excerpt: ... filed on March 9, 2023, for the reasons explained below, and the clerk is directed to remove "Yolanda Cardenas as Executor of the Estate of David Cardenas, Deceased" from being designated as Doe 1 in this action. Explanation: Plaintiff filed opposition to this motion very late, namely on July 17, 2023. That was only three court days before the date initially set for hearing.l The court has discretion to refuse to consider papers filed after the ...
2023.07.26 Motion to Strike Answers 754
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.26
Excerpt: ... Department 403, to allow Defendants/cross-complainants' PEP Partners, LLC and UBBC Group, LLC one last chance to retain new counsel, and to file written notice of new counsel's contact information on or before Friday, September 1, 2023. If new counsel is not retained, the court intends to grant this motion in all respects. Explanation: A corporation is not a natural person, and therefore cannot appear in an action in propria persona, but instead...
2023.07.25 Motion to Strike or Tax Costs 937
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.25
Excerpt: ...proceeding." "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., S 1032, subd. (a)(4).) Defendant was the "prevailing party" in the litigation. The court granted summary judgment in favor of the Ci...
2023.07.25 Motion to Lift Stay 274
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.25
Excerpt: ...248, 254, 57 s.ct. 163, 81 L.Ed. 153, explained, 'the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants" (St. Paul Fire and Marine Insurance Company v. AmerisourceBergen Corporation (2022) 80 Cal.App.5th 1, 13—14, citations omitted.) Also, under Code of Civil Procedure section 923, the tria...
2023.07.25 Demurrers, Motion to Strike 774
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.25
Excerpt: ...nd. To sustain defendant Next Green Wave, LLC's demurrer to the first and second causes of action, with leave to amend. To grant defendant Next Green Wave, LLC's motion to strike the prayer for attorneys' fees and the prayer for punitive damages. Plaintiff shall serve and file his Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: The function of a demurrer is...
2023.07.20 Motion to Strike Punitive Damages 434
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.20
Excerpt: ...mages from the complaint. To grant leave to amend the complaint. Plaintiff shall serve and file her first amended complaint within 10 days of the date of service of this order. All new allegations shall in boldface. Explanation: In order to seek punitive damages, the plaintiff must allege facts showing that the defendant was guilty of fraud, malice, or oppression. (Civil Code S 3294, subd. Also, "[aln employer shall not be liable for damages purs...
2023.07.20 Demurrer 299
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.20
Excerpt: ...ourt intends to overrule the demurrer to the other affirmative defenses. Defendant shall serve and file its first amended demurrer within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: under Code of Civil Procedure secton 430.20, "A party against whom an answer has been filed may object, by demurrer as prov-ded in Section 430.30, to the answer upon any one or more of the following grounds: (a...
2023.07.19 Motion to Disqualify Counsel 114
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.19
Excerpt: ...ising out of Cuttone's representation of Guadalupe Villagomez, plaintiffs mother, against plaintiff, Villagomez Farms, lnc„ 2 Boyz, Inc., Stella Villagomez, All Ag, Inc., and Frank Villagomez in the related action Villagomez v. Villagomez, et al., case no. filed February 15, 2022. ("The Elder Abuse action." ) However, plaintiff has failed to demonstrate that he has standing to move for the disqualification of Cuttone or his firm, as Leonel Vill...
2023.07.19 Motion to Compel Deposition of PMK 113
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.19
Excerpt: ...ed in opposition to the motion to compel that the motion is untimely, since plaintiff did not file it within 60 days of the date when the record was completed, which defendant claims is the date it served its objections to the deposition notice. (Code Civ. Proc. S 2025.480, subd. (b); Unzipped Apparel v. Bader (2007) 156 Cal.App.4th 123, 115-118.) However, defendant is incorrect. Defendant relies on Code of Civil Procedure section 2025.480, which...
2023.07.19 Motion for Preliminary Injunction 273
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.19
Excerpt: ...ections Initially, the court notes that it sustains Defendants' objections 5, 7, 8, 11,12, 14, 15, 16, 17, 19, and 20to the declaration of Russel Martone, filed May 24, 2023. The remainder of the objections are overruled. Merits In considering whether to issue a preliminary injunction, the court should consider (1) the likelihood that the moving party will prevail on the merits at trial, and (2) the interim harm that the moving party is likely to...
2023.07.18 Motion to Compel Further Responses 833
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.18
Excerpt: ...77, 78 and 80 of Plaintiff's request for production of documents, set three within twenty (20) days from the date of this order. Explanation: Discovery requests are generally afforded liberal construction. (See Code of Civ. Proc., S 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) A motion seeking further responses in a request for further production of documents "shall set forth specific facts showing cause justifying the discove...
2023.07.13 Motion to Compel Further Responses, for Monetary Sanctions 944
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.13
Excerpt: ...e Whelan Decl.; Jenkins Decl.) While there has been much discussion between counsel, it is apparent that the parties had arrived at an impasse. The court finds that the parties have sufficiently engaged in the meet and confer process. Merits Request Numbers 40, 42, and 43—Waiver of Privilege The primary issue with these requests appears to be the existence of an "ADA List" which is referenced in defendant's produced documents, but was not itsel...
2023.07.13 Motion for Clarification and Reconsideration 933
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.13
Excerpt: ...s and their attorneys. Explanation: under Code of Civil Procedure section 1008, subdivision (a), a party moving for reconsideration of a court order must show that there are "new or different facts, circumstances, or law" that justify reconsideration of the order. (Code Civ. Proc. S 1008, subd. (a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were ma...
2023.07.13 Demurrer to FAC 431
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.13
Excerpt: ...order. All new allegations shall be in boldface. Explanation: Plaintiffs' third cause of action alleges that defendant AAA Tree Service, LLC made a fraudulent promise without the intent to perform it. "'Promissory fraud' is a subspecies of the action for fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that...
2023.07.11 Motion to Compel Further Responses 036
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.11
Excerpt: ... Jones ("Jones") argues that the defendant Daniel Ash ey's ("Ashley") present motion is untimely, the motion is timely. As Ashley states, the deposition occurred on August 2, 2022. Following meet-and-confer efforts, documents responsive to the disputed Deposition Request for Production No. 3 were produced on January 11, 2023. Pursuant to the parties' agreement, all compel deadlines were to be calculated from the January 11, 2023 production date. ...
2023.07.11 Motion for Terminating Sanctions 034
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.11
Excerpt: ...e extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anpne engaging in conduct that is a misuse of the discovery process: * * * (d) The court may impose a terminating sanction by one of the following orders order dismissing the action or any ...
2023.07.06 Motion to Compel Further Responses, for Monetary Sanctions 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.06
Excerpt: ... 17, and 19, subject to the discussion below. The court will allow defendant to raise objections as to closed session meetings, deliberative process privilege, and attorney-client privilege where appropriate, subject to the discussion below. To deny as to Requests Numbers 6, 7, 8, and 9. Defendant, City of Parlier, shall serve verified supplemental responses within 20 days of the date of the service of this order. To find that plaintiff's motions...
2023.07.06 Motion to Compel Arbitration 833
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.06
Excerpt: ...motion to compel arbitration, defendant Sunshine Raisin Corporation dba National Raisin Company (hereinafter "National") has moved to compel arbitration of the claims of plaintiff's complaint pursuant to an arbitration clause alleged to be in the "standard terms" preprinted on the back page of the seven Grower Contracts that are the subject of the plaintiffs' complaint and the Raisin Bargaining Association —Individual Agreement (RBA Agreements)...
2023.06.29 Motion to Compel Further Responses, for Monetary Sanctions 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.29
Excerpt: ...to raise objections as to closed session meetings, deliberative process privilege, and attorney-client privilege where appropriate, subject to the discussion below. To deny as to Requests Nos. 12, 15, 15, 18, 19, and 20. Defendant, City of Parlier, shall serve verified supplemental responses within 20 days of the date of the service of this order. To order monetary sanctions against defendant and its counsel in the amount of $4,887.50. Monetary s...
2023.06.22 Motions to Compel Further Responses, for Monetary Sanctions 844
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.22
Excerpt: ...fendants Folmer and Kearney: First, to the extent that plaintiff seeks to compel further responses from defendants Corrine Folmer and Kevin Kearney, plaintiff has not shown that she ever served these defendants with discovery requests or that they provided inadequate responses to the requests. Therefore, there is no basis for her to compel them to provide further responses to discovery, as they were apparently never served with any discovery requ...
2023.06.22 Motion to Compel Arbitration and Stay Pending Arbitration 490
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.22
Excerpt: ...ssues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to compel arbitration bears the burden of proving by a preponderance of the evidence the existence...
2023.06.22 Application for Injunction or for Appointment of Receiver 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.22
Excerpt: ...son, the court considers the likelihood that the moving party will prevail on the merits at trial, and the interim harm that the moving party is likely to sustain the injunction were denied as compared to the harm that the opposing party is likely to suffer if the preliminary injunction were issued. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70.) In considering these factors, the court "balances the relative hardships." (Ibid.) The s...
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...
2023.06.21 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 Motion to Compel Initial Discovery Responses, Deposition 405
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.21
Excerpt: ...es, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Set One, are deemed admitted. (Code Civ. Proc., S 2033.280, subd. (bj.) To impose reasonable sanctions in the sum of $3,001.50 against JOM and in favor of plaintiffs Miguel Lopez and Maria Lopez, to be paid to plaintiffs' counsel within 30 days of service of the order by the clerk. To grant the motion to compel depositi...
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),...
2023.06.15 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...
2023.06.14 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 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...
2023.05.25 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...
2023.05.24 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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