Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

297 Results

Clear Search Parameters x
Location: Fresno x
Judge: Skiles, Jonathan x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 223)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 798)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 200,25
Array
(
)
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 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...

297 Results

Per page

Pages