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Motion to Quash Service of Summons 036
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: Motion
Excerpt: ...laintiff has the initial burden of showing the essential facts of jurisdiction, that is the facts requisite to an effective service. (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868; Dill v. Berquist Const. (1994) 24 Cal.App.4th 1426, 1439‐ 40.) This may be done through presentation of declarations, with opposing declarations received in response. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) Furthermore, filing a proof of...
2024.05.02 Motion for Attorney Fees, to Tax Costs 728
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02
Excerpt: ...orney's Fe es: 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 connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute...
2024.05.02 Demurrer, Motion to Strike 206
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.02
Excerpt: ... deny in par t. (Code Civ. Proc., § 436.) The request to strike the allegations pertaining to defendant Samuel Lofty Confectioner's acts done in the course and scope of his employment with defendant Fresno Unified School District (“FUSD”) is granted. The request to st rike the allegations pertaining to FUSD's duty to investigate is granted. The request to strike the prayer for attorney's fees pursuant to Civil Code 52 and 52.4 is granted. T...
2024.05.02 Motion for Summary Judgment, Adjudication 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02
Excerpt: ...vice of the minute order, a proposed judgment consistent with the court's summary judgment order. The motion to modif y a protective order is off calendar, as no papers have been filed. Explanation: Summary judgment is properly granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) In moving for summary judgment, a “defendant … has m...
2024.05.02 Motion for Reconsideration 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02
Excerpt: ... not specifically denying the motion without prejudice. The ruling is hereby amended to reflect that plaintiff's first Motion for Order Permitting Pretrial Discovery Regarding Defendant Richard Pike's Profits and Financial Condition is denied without prejudice. P laintiff's second motion is now continued to Thursday, June 27, 2024, at 3:30 p.m. in Department 501. In ruling on the motion, the court will consider all evidence presented by plain...
2024.05.02 Motion for Summary Judgment, Adjudication 348
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02
Excerpt: ...ulting in injurie s (the "Incident"). The court denies defendant China Peak's motion for summary judgment or summary adjudication for the reasons stated below. Law Governing Summary Judgment A trial court shall grant summary judgment if there are no triable issues of mate rial fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c).) In determining a motion for summary judgment, the co...
2024.05.02 Motion for Summary Adjudication 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.02
Excerpt: ... adm itted that plaintiff's injuries were caused entirely by defendant's and its employee Daniel Willard's negligence, that plaintiff did not contribute to the accident through her own negligence, and that no third party contributed to the accident. As plainti ff points out, the court previously granted an order deeming STA to have admitted the truth of the matters in the requests for admission after defendant failed to verify its responses. (See...
2024.05.01 Motion for Attorney Fees 765
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.01
Excerpt: ...gh evidence regarding the hours spent on the case and the tasks performed to find that the requested fees are reasonable and should be approved. She has also not provided enough evidence to support the request to approve her law clerk's rate of $225 per hour . In Serrano v. Priest (1977) 20 Cal.3d 25, the California Supreme Court stated: “ ‘The starting point of every fee award, once it is recognized that the court's role in equity is to...
2024.05.01 Demurrer, Motion to Strike 097
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.01
Excerpt: ...fliction of emotional distress and medical negligence, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To overrule the general demurrer as to the causes of action for intentional infliction of emotional distress and medical negligence. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike portions of the Third Amended Complaint in part, and strike: the attachment of a phone log; the attachment of a letter dated Sept...
2024.05.01 Motion for Judgment on the Pleadings 648
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.01
Excerpt: ...2024. Any oppos ition and reply due dates shall run from the new hearing date. Explanation: Plaintiffs Wesley Wilson (Wilson) and Press Box, Inc. (Press Box), have dismissed most of the causes of action in their Complaint against defendant Martin McCubbin (McCubbin). One cause of action arising out of a bar fight caused by McCubbin in October 2022 remains for each plaintiff. For plaintiff Wilson, only the third cause of action for assault and ba...
2024.05.01 Motion for Summary Judgment, Adjudication 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.01
Excerpt: ...ted to sub mit a proposed judgment consistent with this order, within five days of service of the minute order by the clerk. Explanation: Fresno Unified School District (“FUSD”) moves for summary judgment or, in the alternative, for summary adjudication as to the thi rd, fourth and fifth causes of action for negligent hiring, supervision or retention of an unfit employee, failure to report suspected child abuse, and negligent supervision ...
2024.05.01 Motion to Compel Arbitration 739
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.01
Excerpt: ...that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.) Unless there is a dispute over authenticity, the mere recitation of the terms is sufficient for a party to move to compel arbitration. (Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793.) The moving party has the burden of proving the existence of a valid arbitration agreement. (Pinn...
2024.04.30 Motion to Quash Service of Summons, to Compel Arbitration and Stay Proceedings 737
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.30
Excerpt: ...ions to quash. To grant the motion to compel arbitration and order plaintiffs to arbitrate their claims against defendants. The action is stayed pending completion of arbitration. Explanation: Motion(s) to Quash Moving defendants deem themselves passive “Single Purpose Entities,” with insufficient contacts with California to confer jurisdiction. However, the motions all admit that the respective defendants are some degree of partner to the in...
2024.04.30 Motion to Dismiss for Inconvenient Forum 734
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.30
Excerpt: ...s brought under Code of Civil Procedure section 418.10, which provides that the last day to file the notice of motion for a defendant who has not yet appeared in the action is when the responsive pleading to the complaint is due. However, “[t]he provisions of Sec tion 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” (Code Civ. Proc., § 410.30, subd. (b).) Here, plaintiffs' comp...
2024.04.30 Motion for Preliminary Approval of Class Settlement 205
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.30
Excerpt: ...li minary 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 class; and any other matters de emed 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 class action, notice of the fin...
2024.04.30 Demurrers 303
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.30
Excerpt: ...Proc. § 430. 20, subd. (a) and (b).) To overrule the general and special demurrer for uncertainty to the Amended Cross -Complaint. (Code Civ. Proc. § 430,10, subd. (e) and (f).) To sustain the general and special demurrers to the first, third, fourth, and fifth cause of action. (Code Civ. Proc. § 430.10, subd. (e) and (f).) To overrule the general and special demurrers to the second cause of action. (Code Civ Proc., § 430.10, subd. (e) and ...
2024.04.30 Demurrer, Motion to Strike Punitive Damages from FAC 505
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.30
Excerpt: ...laintiff Zahi Saleh shall serve and file an amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC ("Defendant") demurs to the fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by plaintiff Zahi Saleh ("Plaintiff"). On a demurrer a court's function is limited to testing the legal sufficiency of the c...
2024.04.30 Demurrer, Motion to Strike Complaint 667
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.30
Excerpt: ...n ey's fees from the Complaint. To grant leave to amend the Complaint to state claims by the Trust, provided it retains a licensed California attorney to represent it. To grant leave to amend the Complaint as to Mr. Peterson, provided that he either repres ents himself or has a licensed attorney represent him. To deny leave to amend to request attorney's fees. To overrule the demurrer to the first cause of action. To sustain the demurrer to the ...
2024.04.30 Demurrer, Motion to Strike 084
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.30
Excerpt: ... to def ective moving papers. Explanation: This motion arises out of a Third Amended Complaint (“TAC”) filed February 14, 2024 alleging 1) premises liability against defendant Noble Federal Credit Union and 2) dangerous condition of public property against defenda nt City of Fresno. It does not appear that defendant Noble Federal Credit Union has been served with a Summons or the Third Amended Complaint yet. Defendant City brings this demurr...
2024.04.30 Demurrer to FAC 701
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.30
Excerpt: ...the allegations of the first amended complaint show that she has an absolute defense to the claim because she has been in adverse possession of the subject property for over five years before the complaint was filed and thus plaintiff has no right to partition the property. Adverse possession may be the basis for either a cause of action or an affirmative defense. (Family Service Agency of Santa Barbara v. Ames (1958) 166 Cal.App.2d 344, 348.)...
2024.04.30 Motion to Enforce Settlement Agreement and Enter Judgment, for Attorney Fees 071
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.30
Excerpt: ...planation: Under Code of Civil Procedure section 664.6, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, up on motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performa...
2024.04.25 Motion for Good Faith Settlement 340
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.25
Excerpt: ...er a settl ement is within the “good faith ballpark” by considering the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the se...
2024.04.25 Demurrer 611
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25
Excerpt: ...aint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the special demurrer for uncertainty. (Code Civ. Proc. § 430.10, subd. (f).) Explanation: A party may file a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535...
2024.04.25 Demurrer to FAC 466
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25
Excerpt: ...e order. Explanation: A general demurrer is sustained where the pleading is insufficient to state a cause of action or is incomplete. (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535.) A special demurrer, though disfavored, is nevertheless sustained where a pleading is so uncertain that the defendant cannot reasonably respond to the subject pleading. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612...
2024.04.25 Motion for Summary Judgment 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25
Excerpt: ...tiff Kimberly White are ordered to appear at the hearing on this motion. Explanation: Healthcare providers must possess and exercise “that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under si milar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to ...
2024.04.25 Motion to Withdraw or Amend Admissions 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.25
Excerpt: ... reque sting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted... The court shall make this order, unless it finds that the party to whom the requests for admission have bee n directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc.,...
2024.04.25 Motion for Terminating Sanctions 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25
Excerpt: ...Emeline Pano will be dismissed as a defendant in plaintiff's Complaint. (Code Civ. Proc., § 2023.030, subd. (d)(3).) Explanation: Plaintiff has a history of failing to comply with discovery obligations in this action, and appears to have abandoned this action. On August 10, 2023, and October 10, 2023, defendant Emeline Pano served plaintiff with deposition notices. Plaintiff never objected, but failed to appear on both occasions. On August 30, 2...
2024.04.24 Motion to Enforce Settlement 238
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24
Excerpt: ...tentative ruling, a proposed judgment. Explanation: Plaintiffs Jay Hylton and Krystal Hylton (together “Plaintiffs”) seek to enforce a settlement agreement by and between them and defendant FCA US LLC (“Defendant”) under Code of Civil Procedure section 664.6. Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . ...
2024.04.24 Motion to Dismiss 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24
Excerpt: ...planation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2 004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court proceedings. (CLD Construction, Inc. v. City of San Ramon, supra, 120 Cal.A...
2024.04.24 Motion to Compel Further Responses 995
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24
Excerpt: ...984) 158 Cal.Ap p.3d 524, 526), the expiration of the time period is considered “‘jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 (S exton) [referring to the 45- day statutory time limit]; see also Vidal Sassoon Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 684 (Sassoon); Standon Co. v. Superior Cour...
2024.04.24 Motion to Compel Compliance with Subpoena, for Monetary Sanctions 809
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24
Excerpt: ... the mo tions compelling Prestige Urgent Care's compliance with subpoena, without prejudice. (Code Civ. Proc., § 2020.220, subds. (b) -(c); Cal. Rules of Court, rule 3.1346.) To deny the motions for defendant Homegoods, Inc.'s responses to Requests for Production of Documents, Sets One and Two, since Homegoods, Inc. served its verified responses on April 9, 2024. To award monetary sanctions in the total amount of $1,320 against Homegoods, Inc.'...
2024.04.24 Motion to Bifurcate Trial 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24
Excerpt: ...ice, Lazy Dog Restaurants, LLC's motion to bifurcate the contractual interpretation causes of action within the cross -complaints filed by Element Security Solutions, Inc. and Manco Abbott, Inc. from the issues of liability and damages. Explanation: Under Code of Civ il Procedure section 598, court is given great discretion in regard to the order of issues at trial: The court may, when the convenience of witnesses, the ends of justice, or the ec...
2024.04.24 Motion for Terminating Sanctions 617
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24
Excerpt: ...court orders to provide discovery. The Complaint filed by plaintiff on February 24, 2022, is dismissed, without prejudice. (Code Civ. Proc. §2023.030, subd. (d)(3).) Explanation: Section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) and (g).) Section 20...
2024.04.24 Motion for Terminating Sanctions 212
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.24
Excerpt: ... on t he required Judicial Council forms. To strike the answer filed August 21, 20231. This answer was filed to the First Amended Complaint which was stricken pursuant to the August 18, 2023 Order After Hearing for being filed without leave to amend. Explanatio n: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure section 2023.010, subdivision (g), ...
2024.04.24 Motion for Reconsideration 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24
Excerpt: ...sa nctions. To deny plaintiffs' request for sanctions against defendant and his counsel for bringing frivolous motions for reconsideration. Explanation: Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has bee n made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon t...
2024.04.24 Motion for Judgment on the Pleadings 107
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24
Excerpt: ...named defend ants—Fresno Area Express, City of Fresno (the "City"), and County of Fresno. Plaintiff alleges the City failed to meet the heightened standard of care when the bus driver failed to assist her as she was boarding the bus in her wheelchair, causing her to flip backwards and sustain injuries. Motion for Judgment on the Pleadings A motion for judgment on the pleadings performs the same function as a general demurrer. "The ...
2024.04.24 Motion for Attorney Fees, to Tax Costs 636
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24
Excerpt: ...tion: Fee A ward Plaintiff Ricardo Regalado Ceja (“Plaintiff”) seeks an award of attorney fees. Under what statutory authority Plaintiff seeks an award of fees is unclear. The moving papers appear to suggest that the parties stipulated to seek an award of fees and cos ts under a settlement agreement not in evidence on the present motion. Instead, counsel for Plaintiff submits into evidence 15 irrelevant orders from other cases in other jurisd...
2024.04.23 Demurrer, Motion to Strike 606
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23
Excerpt: ...-24; page 1 9, lines 6-11; and page 19, line 27, with leave to amend. (Code Civ. Proc., § 436; Civ. Code, § 3294.) Plaintiff is granted 20 days' leave to file the third amended complaint. The time to file the third amended complaint will run from service by the clerk of the minute order. All new allegations in the third amended complaint are to be set in boldface type. Explanation: Demurrer Retaliation/Discrimination Defendants, India Oven, I...
2024.04.23 Demurrer 543
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.23
Excerpt: ...rring defendant. Explanation: The plaintiff, Sergio Alvarez, filed a three -page form complaint against the defendant, Iron Workers Local 155. The defendant demurs to the complaint on the grounds that the statute of limitations has expired and the complaint lacks the necessary allegations to state a cause of action. Meet and Confer The parties have complied with the obligation to meet and confer. Request for Judicial Notice Code of Civil Procedu...
2024.04.23 Demurrer, Motion to Strike 268
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.23
Excerpt: ...rstores, Inc., Carmax Business Services, LLC, and Safeco Insurance Company of America are directed to file an Answer within 10 days of service of the minute order by the clerk. Explanation: Demurrer Defendants Carmax Auto Superstores, Inc., Carmax Business Se rvices, LLC, and Safeco Insurance Company of America (collectively “Defendants”) generally demur to the entirety of the Complaint by plaintiff Parminder S. Kaler (“Plaintiff”) for f...
2024.04.23 Motion to Strike 378
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.23
Excerpt: ...tence in the w rongful death cause of action which reads, “Plaintiffs also contend that these defendants' negligence was not only simple, but also gross, and that punitive and exemplary damages should be awarded against all defendants named in the accompanying punitive d amages attachment;” and the entire exemplary damages attachment. Leave to amend is denied. The motion is denied as to the allegations of plaintiff's alternative theory of lia...
2024.04.23 Demurrer, Motion to Strike 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23
Excerpt: ...sire to a mend, the First Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to file an amended pleading within that time period, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: In deciding a demurrer, the court is guided by well -established principles that the test is whe...
2024.04.23 Motion for Summary Judgment 825
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23
Excerpt: ... FAC alleges two ca uses of action, for premises liability, and general negligence, based on Plaintiff's use of a recreational area on October 30, 2018, in the prison, wherein Plaintiff alleges having stepped into a gopher hole causing injury. 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(c); Schacter v. Citigro...
2024.04.23 Motion to Compel Statement of Damages, for Monetary Sanctions 365
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23
Excerpt: ...425.10, subd. (b).) But the defendant may, at any time, serve a request on plaintiff for a Statement of Damages (mandatory Jud. Counc. Form CIV -050) setting forth the nature and amount of damages being sought. (Code Civ. Proc., § 425.11, subd. (b).) Once such a d emand is served, plaintiff has 15 days to serve the responsive statement. If that response is not served, defendant may file a noticed motion and petition the court to order plaintiff...
2024.04.23 Motion to Set Aside Default 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.23
Excerpt: ...ation: Attorney Affidavit of Fault: The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable negle ct.” (Code Civ. Proc. § 473, subd. (b).) “[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an...
2024.04.18 Motion to Consolidate Actions 641
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.18
Excerpt: ...ce of entry of this order in all actions, properly captioned with all case names and numbers. Other than this, all further documents shall be filed only in the lead case. The Mandatory Settlement Conference on July 25, 2024, Trial Readiness on August 23, 2024, and Jury Trial on August 26, 2024 are vacated. The court sets a Case Management Conference on 5/14/2024 at 3:30 p.m. in Department 403 to schedule a new trial date. Zoom appearance is auth...
2024.04.18 Motion to Compel Arbitration and Stay Proceedings 574
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.18
Excerpt: ...n pend ing arbitration. Pursuant to the Federal Arbitration Act (“FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (...
2024.04.18 Motion for Leave to File FAC 903
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.18
Excerpt: ...Procedure section 426.50 in support of her motion to amend, section 426.50 only applies to motions to amend crosscomplaints. Code of Civil Procedure section 426.26 is part of Article 2 of Title 6 of Part 2, which sets forth the procedures applicable to compulsory cross -complaints. Therefore, section 426.50 is not the applicable code section when seeking leave to amend a complaint. The correct code section is Code of Civil Procedure section 473, ...
2024.04.18 Demurrer 897
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.18
Excerpt: ...ldface type. Explanation: Defendants IEC Corporation and IEC/AAI Holdings, Inc. dba UEI College (hereinafter, together “UEI College”) demur to the fourth, sixth and seventh causes of action alleging fraud, negligent misrepresentation and intentional misrepresentation on the ground that plaintiffs fail to state facts sufficient to state a cause of action. The essential elements of a count for intentional misrepresentation are (1) a misrepresen...
2024.04.17 Demurrer 632
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.17
Excerpt: ...tion: D efendant American Family Connect Property & Casualty Insurance Company (“Defendant”) specially demurs the second cause of action for breach of contract of the Complaint by Plaintiffs Rawiah Alqadhi, and Akram Alqadhi, Sarah Alqadhi and Sumpula Alqadhi, by and through their guardian ad litem, Rawiah Alqadhi (collectively “Plaintiffs”) on the grounds of uncertainty. Defendant further generally demurs to the second cause of action fo...
2024.04.17 Motion to Contest Application for Good Faith Settlement 044
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.17
Excerpt: ...s entered into after a verdict and judgment were entered. Explanation: Under Code of Civil Procedure section 877, “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdi ct or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, … it shall have the following effect: … It shall discharge the party to whom it is given f...
2024.04.17 Motion to Compel Arbitration and Stay Proceedings 397
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.17
Excerpt: ...valid arbi tration 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.) Then, “[o]nce the moving party has satisfied its burden, the litigant opposing arbitration must demonstrate grounds which require t...
2024.04.17 Motion to Enforce Settlement 270
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.17
Excerpt: ...pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court to...
2024.04.16 Motion to Set Aside Default, Judgment 709
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.16
Excerpt: ...1. Explanation: First, while plaintiff relies on Code of Civil Procedure section 473.5, subdivision (a), to support her motion, that provision of law does not apply here. That provision states that, “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside...
2024.04.16 Motion to Quash Summons 643
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.16
Excerpt: ...ust provi de affidavits and other authenticated documents demonstrating competent evidence of jurisdictional facts. (BBA Aviation PLC v. Superior Court (2010) 190 Cal.App.4th 421, 428 -429.) If this is met, the defendant then has the burden of demonstrating that the exercise of jurisdiction would be unreasonable. (Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062.) California courts may exercise personal jurisdiction over out -...
2024.04.16 Motion for Leave to File SAC 628
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.16
Excerpt: ...n: Motions for leave to amend the pleadings are directed to the sound discretion of the trial court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]” (Code Civ. Proc., § 473, subd. (a)(1); see also Code Civ. Proc., § 576.) Judicial policy favors resolution of cases on the merits, and thus the court's discretion to allow amendments will usually be exercised in favor of perm...
2024.04.16 Demurrer to SAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.16
Excerpt: ...plaint, w ithout leave to amend. (Code Civ. Proc., § 430.010, subd. (e).) If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation: Each defendant demurs to plaintiff's Second Amended Complaint, which alleges a single cause of action for medical malpractice. Defendants all contend that the cause of action is barred by the applicable statute of limitations un...
2024.04.16 Demurrer to FAC 981
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.16
Excerpt: ...enteri a in light of the dismissal entered November 17, 2023 as to this defendant. Explanation: No Continuance/Extension Plaintiff, after the time his opposition was due, has filed a request for a continuance or extension of time to file his opposition. This req uest was filed as a notice and motion, without a new hearing date attached to said notice. In addition to procedural issues with this request, the request does not appear well founded....
2024.04.16 Demurrer to Amended Answer, Motion for Interlocutory Judgment 258
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.16
Excerpt: ...efing is authorized to address the rights and interests of the parties in the subject real property. Defendant Christopher S. Kelley may file a supplemental opposition no later than 5:00 p.m. on May 3, 2024. Plaintiff Amy L. Knight may file a supplemental reply no later than 5:00 p.m. on May 9, 2024. If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation...
2024.04.12 Motion for Attorney Fees 471
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2024.04.12
Excerpt: ...dant and cross -co mplainant Mighty Mart, Inc. (“Mighty Mart”) (collectively, “defendants”), for a total fee award of $188,188.00 against plaintiff and cross -defendant Morteza Javaherie (“plaintiff”). To deny an award of costs, without prejudice. Explanation: Defendants joi ntly seek an award of attorney fees pursuant to Civil Code section 1717 following a court trial on plaintiff's first amended complaint and defendants' cross -com...
2024.04.11 Motion for Preliminary Approval of Class Settlement 205
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.11
Excerpt: ... requires 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 th e class; 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 ...
2024.04.11 Motion for Final Approval of Class Settlement 104
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.11
Excerpt: ...ose 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. a. Settlement Legal Standards “Wh en, 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 ob...
2024.04.11 Motion for Relief from Judgment 179
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.11
Excerpt: ...summary ju dgment. Specifically, plaintiff seeks to set aside (1) the court's order denying the January 24, 2024, ex parte application to continue the hearing for summary judgment pursuant to Code of Civil Procedure section 437c, subdivision (h); (2) the court's deni al of plaintiff's untimely request for oral argument on the January 25, 2024, motion for summary judgment; (3) the January 25, 2024, order granting defendants' motion for summary ju...
2024.04.11 Motion for Summary Judgment, Adjudication 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.11
Excerpt: ...3 :30 p.m. in Department 501. No later than Thursday, April 18, 2024, defendant Nale is to provide a supplemental brief addressing the portions of the opposition for which he did not have timely service. To deny the Kubota defendants' motion for summary jud gment. To deny summary judgment as to Pioneer Farm Equipment Co. Explanation: Evidentiary Objections For plaintiffs' evidentiary objections numbers 1 -3, these were not dispositive to the moti...
2024.04.11 Motion for Trial Setting Preference 108
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.11
Excerpt: ...for preference and continue the hearing on plaintiff's motion for preference to Friday, April 12, 2024 at 10:00 a.m. in Dept. 501 to allow for the submission of admissible evidence. (Code Civ. Proc. §36, subd. (d).) To grant plaintiff's ex parte application to serve deposition notices fewer than 20 days after service of summons. (Code Civ. Proc. § 2025.210, subd. (b).) To deny without prejudice plaintiff's motion to use deposition testimony at ...
2024.04.10 Motions for Leave to File Amended Complaints 011
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ...ithin 10 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding b y adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or de...
2024.04.10 Motion to Compel Arbitration 848
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.10
Excerpt: ...��arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) Similarly, cases applying Federal Arbitration Association rules note that, “ ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration ...
2024.04.10 Motion for Leave to File Complaint in Intervention 987
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.10
Excerpt: ...mely ap plication, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) “‘If proper procedures are followed [citation], the court has discretion to permit a nonparty to intervene in litigation pending between others, provided: [¶] The nonparty has a direct and im...
2024.04.10 Demurrer, Motion to Strike FAC 663
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.10
Excerpt: ...fraud cause of action (cause of action “2B”), for failure to state facts sufficient to constitute a cause of action, without leave to amend. To sustain the demurrer to the slander cause of action, without leave to amend. To deny the motion to strike the allegations of paragraphs 11, 12, 19, and 20. To grant the motion to strike paragraphs 16, 17, 21, 22 (second sentence only), and 38 (first sentence only) from the first amended complaint. T...
2024.04.10 Demurrer, Motion to Strike 802
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ... of the service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of action for "Fraudulent InducementConcealment” on the basis that it is barred by the three -year statute of limitations. (Code Civ. Pr oc. § 430.10, subd. (e).) Plaintiff purchased a 2020 Chevrolet Silverado 1500 truck on February 8, 2020 and this action was not filed until May 11, 2023. Defendant conten...
2024.04.10 Demurrer, Motion to Strike 022
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ...st the sufficiency 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 itself with the issue of plaintiff's p ossible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint aga...
2024.04.10 Demurrer, Motion for Leave to File 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.10
Excerpt: ...dants , without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To continue plaintiff's motion for leave to file the Fifth Amended Complaint to Wednesday, June 5, 2024, to allow time for the limited purpose of allowing plaintiff to lodge a revised propo sed pleading, deleting any and all reference to defendants Hmong Cultural New Year Celebration, Inc., Mitch Herr, Vilay Lee, Cher Yang, Xang Moua, Kayasit Ly, Vang Chong Thao, Michael He...
2024.04.10 Demurrer to FAC 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ... of the min ute order, a proposed judgment dismissing the first amended complaint as to the demurring defendant. Explanation: Plaintiff, S.C., sued the County of Fresno (County), KTDA Group Home, Inc. (Facility), and Does 3 through 25, in a revival action under Cod e of Civil Procedure section 340.1. S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the defendants' legal custody, care, and contro...
2024.04.10 Demurrer 684
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.10
Excerpt: ...third an d fourth causes of action, without leave to amend. Defendant is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the third and fourth causes of action as to this defendant. Explanation: The fun ction of a demurrer is to test the sufficiency 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...
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...
2024.04.09 Demurrer 241
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ...ded Complaint. The time in which the First Amended Complaint can be amended 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. Explanation: Defendants demur to each cause of action asserted in the complaint for failing to state facts sufficient to state a claim and uncertainty. First Cause of Action – Discrimination Government Code section 12940, subdivision...
2024.04.09 Demurrer to FAC, Motion for Judgment on the Pleadings 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.09
Excerpt: ...rst Amended Complaint (“FAC”) without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant JPMorgan Chase and Co. and JPMorgan Chase Bank, N.A.'s Motion for Judgment on the Pleadings on the FAC (joined by U.S. Bank N.A.) without leave to amend. (Code Civ . Proc., § 438.) To grant plaintiff's motion to substitute Bank of America, N.A. (“BANA”) for ReconTrust Company, N.A. (Code Civ. Proc., § 368.5; Corp. Code, § 1107, subd....
2024.04.09 Demurrer, Motion to Strike 431
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ..., a nd 71 of the complaint. To deny the motion to strike the “Introduction and Summary of Case” from the complaint. To grant the motion to strike the references to attorney's fees from paragraphs 33, 38, 44, 52, 58, 64 of the complaint, and the prayer for re lief on the second cause of action, paragraph 8, the prayer for relief on the third cause of action, paragraph 7, the prayer for relief on the fourth cause of action, paragraph 8, the pra...
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 Dismissal, for Judgment on the Pleadings 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ... grant defendants Fresno County Economic Opportunities Commission and Brian Angus's motion for dismissal. Defendants Fresno County Economic Opportunities Commission and Brian Angus are directed to submit a proposed judgment within five days of service of the minute order consistent with the order. To deny the motion for judgment on the pleadings of the entirety of the second amended complaint. To grant the motion to bifurcate trial into a liabil...
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 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ...he court previo usly denied the motion on the basis that defendant did not meet its burden to establish the independent contractor relationships between the parties. Defendant now moves for summary judgment or, alternatively, summary adjudication on the issue of its duty to plaintiffs with evidence obtained after the court ruled on the initial motion. (Code Civ. Proc. § 437c, subd. (f)(2).) Plaintiffs objection to hearing the second motion on it...
2024.04.09 Motion to Strike Punitive Damages 928
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.09
Excerpt: ...om the Complaint, defendant has not provided any legal authority or argument to support the motion to strike. Indeed, defendant only briefly mentions the prayer for attorney's fees in the notice of motion, and never mentions attorney's fees in its memo of p oints and authorities at all. Therefore, the motion to strike the prayer for attorney's fees is unsupported by any legal authorities or argument, and the court intends to deny the motion. Sec...
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 Motion for Summary Judgment, Adjudication 502
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.04
Excerpt: ... 1207.) The cou rt does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is...
2024.04.04 Motion for Attorney Fees 210
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.04
Excerpt: ... nonmeritorio us litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a).) Plaintiff/crossdefendant prevailed on her anti -SLAPP motion as to the defendants/cross -complainants' cross complaint. The prevailing defendant on a special motion to strike “shall be entitled” to recover his or her attorney fees and costs, and this fee award is mandatory. (C...
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 to Permit Pretrial Discovery Re Profits and Financial Condition 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.28
Excerpt: ...riefs, not to exceed seven pages, which must be filed no later than April 10, 2024. Plaintiff's “renewed” motion is also continued to April 18, 2024, pending further orders once the court rules on its sua sponte motion for reconsideration. Explanation: The court conti nued the hearing on January 17, 2024, to give defendant an opportunity to address the merits of the motion and present evidence that the court would weigh against plaintiff's e...
2024.03.28 Motion to Dismiss 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28
Excerpt: ...e Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (Code Civ. Proc., § 583.360, sub d. (a).) “The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.” (Code Civ. Proc., § 58...
2024.03.28 Motion to Deem RFAs Admitted, to Strike Answer 532
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.28
Excerpt: ..., 2024, a t 3:30 p.m., in order to allow the parties to meet and confer in person or by telephone, as required. If this resolves the issues, plaintiff's counsel shall call the court to take the motion off calendar. If it does not resolve the issues, plaintiff's coun sel shall file a declaration, on or before Wednesday, May 1, 2024, stating the efforts made. To grant and to award monetary sanctions in the total amount of $680 against defendant Sa...
2024.03.28 Motion for Terminating Sanctions 259
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28
Excerpt: ...anati on: Code of Civil Procedure section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010, su bds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any o...
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 Motion for Attorney Fees 936
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28
Excerpt: ...0 et seq. , may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code §12965, subd. (c)(6).) Plaintiff prevailed at trial and moves for an award of attorney's fees and costs. In her motion for attorney's fees, plaintiff requests an award of fees in the amount of $130,672.50, reflecting a 1.5 multiplier applied to the lodestar of $87,115.00, and litigation costs in the amount of $2,723.61. Defendant does not oppo...
2024.03.28 Motion for Approval of Class Action Settlement 115
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28
Excerpt: ...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 sufficiently numerous, ascertainable class, (2) of a well - defined community of interest, and (3) that certi...
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 Seal Records 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.27
Excerpt: ...rds are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Cou rt, rule 2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application...

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