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3412 Results

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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...
2024.05.16 Motion for Reconsideration 160
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16
Excerpt: ... bring a motion to reconsider, and a different order may be entered, if, subject to the following conditions, the motion is: 1. brought before the same judge that made the order; 2. made within 10 days after service upon the party of notice of the entry of the o rder; 3. based on new or different facts, circumstances, or law; and 4. made and decided before entry of judgment. “[F]acts of which the party seeking reconsideration was aware at the t...
2024.05.16 Motion to Stay Proceedings 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...ure sect ion 916, subdivision (a), “[e]xcept as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or ord...
2024.05.16 Demurrer to SAC 293
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ... leave to amend. To overrule the demurrer for the third and sixth causes of action as to plaintiff Rafael Gonzalez- Silva. (Code Civ. Proc., § 430.10, subd. (e).) Each request for judicial notice is granted. (Evid. Code, § 452, subds. (d), (h).) Plaintiffs are grant ed 20 days' leave to file the Third Amended Complaint. The time in which the Third Amended Complaint can be amended will run from service by the clerk of the minute order. All new ...
2024.05.16 Motion for Attorney Fees 394
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...moti on to strike shall be entitled to recover that defendant's attorney's fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) “Thus, under Code of Civil Procedure section 425.16, subdivision (c), any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131, citations omitted.) “The amount of an attorney fee award under the anti -SLAPP...
2024.05.16 Motion for Preferential Trial Setting 481
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...eference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interes t in the litigation. (Code of Civ. Proc., § 36, subd. (a), emphasis added.) The intent behind the provision of a preferential trial setting is to “safeguard litigants who qualify u...
2024.05.16 Motion for Leave to File Amended Complaint 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16
Excerpt: ...November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (“Plaintiff”) filed the operative Third Amended Complaint (“TAC”). The TAC states three causes of action: (1) preliminary and permanent injunctive relief; (2) petition for writ of mandamus as to defendants California Department of Human Resources and Eraina Ortega (collectively “Defendants”); and (3) petition for writ ...
2024.05.16 Motion for Summary Judgment 114
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...erguson ("Plaintiff"). Plaintiff alleges decedent's passing on November 21, 2019, was the result of negligent medical care provided by defendants, including Scott Ford, M.D. ("Dr. Ford"), after a motor vehicle accident in which decedent was injured. Allegations of the Complaint The accident occurred on October 26, 2019. Plaintiff alleges decedent was a seat -belted passenger in a vehicle that was struck by a drunk driver. Dece...
2024.05.16 Motion for Summary Judgment 721
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...e and such inferences ' in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) In making this determination, courts usually follow a three -prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determinin...
2024.05.16 Motion to Bifurcate Special Defense at Trial 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...r issues in the case. Defendant city appears to argue that trying the issue of exhaustion of administrative remedies separate from the merits is mandatory here. Defendant city relies on Hill RHF Housing Partners v. City of Los Angeles (2020) 51 Cal.App.5th 621, 634 for its position that exhaustion of administrative remedies is a threshold question which is required to be addressed before considering the merits. This case has been overruled. (Hill...
2024.05.16 Motion to Compel Responses, for Terminating Sanctions 267
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16
Excerpt: ...off cale ndar due to the automatic bankruptcy stay against indispensable party, Joshua O'Bannon. Explanation: A Notice of Stay Proceedings due to filing of bankruptcy was filed as to defendant Joshua O'Bannon. The case is stayed as to the bankrupting defendant. ( 11 U.S.C. § 362; Wekell v. U.S. (9th Cir. 1994) 14 F.3d 32, 33.) Here, the Motion to Compel Initial Responses to Request for Production of Documents, Set Two, made against defendant O...
2024.05.16 Motion to Disqualify Counsel 521
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...50-851.) Explanation: The court may disqualify an attorney based upon a conflict of interest on the motion of another party. (Code Civ. Proc., § 128, subd. (a)(5); In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 585; see also Cal. Rules Prof. Cond., rule 1.9(a).) There is sufficient evidence presented for the court to find that Anthony Werbin (“Werbin”) is disqualified from representing plaintiff in this matter. His own decla...
2024.05.16 Motion to Enforce Settlement 374
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...parties outs ide of the presence of the court or orally before the court, for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdic tion 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 statut...
2024.05.15 Motion to Quash Subpoenas for Medical Records 950
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15
Excerpt: ...unity Regional Medical Center (Radiology) 4. Community Regional Medical Center (Billing) 5. Central California Faculty Medical Group 6. Accident Recovery Center (Medical/Radiology) 7. Accident Recovery Center (Billing) 8. Central California ENT Medical Group 9. Precise Imaging 10. Jonathan D. Caldwell, M.D. 11. Ali Najafi, M.D. 12. Ali Najafi, M.D. (Billing) 13. 3H Medical Group, Inc. 14. California Heart Medical Associates To award monetary sa...
2024.05.15 Motion for Summary Judgment of FAA, Adjudication 225
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15
Excerpt: ...tively "Plaintiffs") seek summary judgment or, in the alternative, summary adjudication of the twenty-three affirmative defenses of the February 21 , 2023 Amended Answerl by defendants Joginder Singh, M.D., and Mandeep Singh, M.D.(collectively"Defendants").2 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. S437c, subd. (c...
2024.05.15 Motion for Relief from Discovery Order 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.15
Excerpt: ...al discov ery conference. The court sets a pretrial discovery conference on June 14, 2024 at 10:30 a.m., in Department 503. Should plaintiff fail to participate in this conference or fail to agree to extend defendants' motion filing deadline, the court intends to re instate its August 4, 2023, order. Explanation: Pursuant to Code of Civil Procedure section 473, subdivision (b) (“473(b)”), plaintiff seeks relief from the court's order entered...
2024.05.15 Demurrer 985
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15
Excerpt: ...on; and to sustain general demurrers to the sixth, seventh, eleventh, thirteenth causes of action, without leave to amend. Matthew Graney shall file his answer to the SAC within 10 days of service of the order by the clerk. Explanation: Special Demurrers As to cause s of action 1-3, 6, and 8 -14, Graney argues that the SAC is uncertain in that it fails to identify the parties affected thereby. Graney cites to Williams v. Beechnut Nutrition Corp....
2024.05.14 Motion for Judgment on the Pleadings 769
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14
Excerpt: ...ion Here, defendants have defects in their verifications. Code of Civil Procedure section 2015.5 governs verifications. A verification requires a recitation that 1) it is certified or declared by the person 2) to be true under penalty of perjury, 3) is subs cribed by the person, and 4) if executed in California, states the date and place of execution or 5) if executed at any place, within or without this state, states the date of execution an...
2024.05.14 Demurrer, Motion to Strike Complaint 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14
Excerpt: ...endar. If it does not resolve the issues, counsel for cross -defendant shall file a declaration, on or before June 18, 2024, stating the efforts made. If no declaration is filed, the motion will be taken off calendar. Explanation: Under Code of Civil Procedure secti on 430.41, “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that i...
2024.05.14 Demurrers to SAC 280
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14
Excerpt: ... shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: Plaintiffs Second Amended Complaint (“SAC”) alleges that, in the years preceding the subject fire, defendant California Department of Housing and Community Develo pment (“HCD”) had received numerous complaints of specific fire hazards by community members, park residents, and municipal police and fire department staff. Despite receiving...
2024.05.14 Demurrer to FACC 424
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.14
Excerpt: ...d prayer for relief items 1, 3 and 8, without leave to amend. (Code Civ. Proc., § 436.) Cross -defendants shall file their answer to the FACC within 10 days of service of the order by the clerk. Explanation: Demurrer Plaintiff's personal injury complaint alleges cause s of action for premises liability and negligence against Fresno -Bullard Park I Owners' Association (“Fresno -Bullard”). Fresno -Bullard has filed a cross -complaint against...
2024.05.14 Motion for Preliminary Injunction 076
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14
Excerpt: ... Orchards , Inc. (“Defendant”). The verified Complaint states four causes of action: (1) breach of contract; (2) foreclose on producer's lien; (3) recovery of statutory late charges; and (4) constructive trust. Plaintiffs seek to enjoin Defendant from: (1) selling o r removing from this state or beyond Defendant's control, any 2021 crop almonds or processed product therefrom that were delivered to Defendant by Plaintiffs, unless the proceeds...
2024.05.14 Motion for Terminating Sanctions 034
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.14
Excerpt: ... against p laintiff Malik Powe payable no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. Explanation: Code of Civil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discov ery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel answers is granted, c...
2024.05.14 Motion to Compel Arbitration 792
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14
Excerpt: ...pute r esolution. To this end, ‘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.) In essence, “[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidenc...
2024.05.14 Motion to Compel Arbitration and Stay Action 199
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14
Excerpt: ...d Amy Co rpus, an individual, move for an order compelling arbitration under the Federal Arbitration Act (“FAA”), and request to stay the action pending arbitration. Pursuant to the FAA, A written provision in … a contract evidencing a transaction involving commerc e 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, irre...
2024.05.14 Motion for Summary Judgment, Adjudication 250
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14
Excerpt: ...or disclosu res regarding a real estate transaction and that she failed to properly disclose information about the property. (First Amended CrossComplaint, ¶¶ 10 -13.) It is undisputed that Casa Robles Realty, and its agent Luis Altamirano, represented plaintiff Ben ito Cano -Perez in a real estate transaction involving the subject property. (UMF No. 1.) CVI Group, LLC was the seller of the subject property and was represented by All State Home...
2024.05.09 Petition to Perpetuate Testimony and Preserve Evidence 059
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.09
Excerpt: ...tain discov ery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for the purpose of perpetuating that person's own testimony or that of another natura l person or organization, or of preserving evidence for use in the event an action is subsequently filed.” (Code Civ. Proc., § 2035.010, subd. (a).) “The methods available...
2024.05.09 Motions to File Late Memorandum of Costs, to Strike or Tax Costs 229
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.09
Excerpt: ...grant p laintiff's alternative motion to tax costs in the amount of $19,450. (Ladas v. Calif. State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Explanation: Untimely Filing “A prevailing party who claims costs must serve and file a memorandum of costs within 15 d ays after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of ent...
2024.05.09 Motion to Strike 959
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.09
Excerpt: ...ricken. Plaintiffs are granted 20 days' leave to file the first amended complaint. The time in which the 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: A motion to strike can be used to cut out any irrelevant, false or improper matters or a demand for judgment requesting relief not supported by the allegations of th...
2024.05.09 Motion to Compel Deposition of PMQ 052
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.09
Excerpt: ...de of Civ . Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541), and “[a]ny party may obtain discovery … by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Proper servi ce of a notice of deposition compels any deponent to attend, to testify, and to produce documents if requested. (Code Civ. Proc., § 2025.280, subd. (a).) Where a party deponent...
2024.05.09 Motion to Compel Arbitration and Stay Proceedings 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.09
Excerpt: ...prove by a preponderance of evidence that a ground for 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.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, ...
2024.05.09 Motion for Trial Preference 834
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.09
Excerpt: ...owing that “the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a)(2).) According to plaintiffs' attorney, Mr. Cleveland “suffers from age -related decline in health, suffers from increasing deterioration of his spinal column having had microdisectomy with a fusion surgery scheduled sometime in the summer 2024 and is in the final stag...
2024.05.09 Motion for Summary Judgment, Adjudication 274
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.09
Excerpt: ...ent 403. Explanation: A plaintiff may request a continuance by filing a declaration explaining why further discovery is essential to opposing the motion for summary judgment and why additional time is needed. (Code Civ. Proc., § 437c, subd. (h); Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1270.) The declaration must show facts that establish a likelihood that evidence may exist which would create a triable issue of fact,...
2024.05.08 Motion for Judgment on the Pleadings 183
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.08
Excerpt: ... Cal.App .4th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5.)1 When reviewing a pleading, a demurrer or motion for judgment on the pleadings admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole a...
2024.05.08 Demurrer 225
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.08
Excerpt: ... powe r of attorney may bring an action on behalf of his principal only as guardian ad litem. (In re Marriage of Caballero (1994) 27 Cal.App.4th 1139, 1152.) Here, it is apparent that the real party in interest is Carolina Cruz and that Antonio Cruz would be a n appropriate guardian ad litem for Carolina Cruz. The court grants leave to amend the complaint to name the real party in interest as the plaintiff and to address the issue of a guardian a...
2024.05.08 Motion for Attorney Fees 481
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.08
Excerpt: ...on (d). Plainti ff submits a partially executed settlement agreement declaring Plaintiff as the prevailing party, entitling her to seek fees and costs. The settlement agreement is not subscribed by defendant Mercedes -Benz, USA, LLC (“Defendant”), against whom Plaintiff se eks to enforce this provision. In opposition, Defendant does not appear to contest the execution of the settlement agreement. The court finds that Plaintiff sufficiently s...
2024.05.08 Motion to Direct Sheriff to Seize Property from Private Place 763
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.08
Excerpt: ...es for a n order directing the sheriff to seize 31 items of property (mostly shipping containers and helicopter manufacturing equipment) from Hiller at 925 M Street in Firebaugh, California. This noticed motion was followed the denial of plaintiff's ex parte applic ation for the same relief. The motion is brought pursuant to Code of Civil Procedure section 699.030, which provides, The judgment creditor may apply to the court ex parte, or on notic...
2024.05.08 Motion for Summary Judgment, Adjudication 582
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.08
Excerpt: ...s Associat ion (“POA”), (collectively “Defendants”) move for summary judgment of plaintiff's complaint on the basis that the undisputed material facts demonstrate defendants have a complete affirmative defense to the action, that the plaintiffs have failed to proffer evidence to support their claims, and that there is no merit to their causes of action. Defendants move in the alternative for summary adjudication of each cause of action wi...
2024.05.08 Motion to Quash Subpoena 125
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.08
Excerpt: ...es she su ffered “severe and permanent injury to the body and nervous system” … (Complaint ¶ 20.) In her discovery responses, plaintiff states that she suffered a tear in her right knee's lateral meniscus, as well as injuries to her back, left arm, bilateral shoulde rs, neck, hip, head, and upper back. (Response to Defendant Form Interrogatories, Set One (“Form Rog”), No. 6.2.) Plaintiff also states that she continues to suffer con...
2024.05.08 Motion to Strike Answer 532
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.08
Excerpt: ...d. (b).) Legacy's default may not be taken during the 30 -day leave to amend period. The time in which the answer may be amended will run from service by the clerk of the minute order. Explanation: The court previously continued plaintiff's motion to strike to allow time fo r the parties to meet and confer on the issue. Plaintiff's counsel, Stephanie J. Schiern, has filed a declaration indicating that the parties have properly met and conferred....
2024.05.07 Motion to Compel Further Responses, for Sanctions 351
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.07
Excerpt: ...otion t o compel responses from defendant Abigail Abel. To deny the motion to compel responses from defendant Rich Villapando as moot. To impose monetary sanctions in the amount of $44.50, in favor of plaintiff Jackie York and against defendant Rich Villapando. Within thirty (30) days of service of the order by the clerk, defendant Rich Villapando shall pay sanctions to plaintiff Jackie York. Explanation: Motion to Compel Responses – Abigail Ab...
2024.05.07 Motion for Change of Venue, Demurrer, Motion to Strike 746
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.07
Excerpt: ...ction within 30 days after service of notice of the transfer order. The demurrers and motion to strike are taken off calendar, but are subject to be recalendared in the proper court upon the transfer of the action. Explanation: County of Tulare moves to change t he venue of this action on the ground that County of Fresno is an improper venue and County of Tulare is the only proper venue. “It is a long established rule that a motion for change o...
2024.05.07 Demurrer, Motion to Strike 851
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.07
Excerpt: ...urrer The function 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 succeeded in stating a cause of action; the court does not co ncern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In asses...
2024.05.07 Demurrer, Motion to Strike 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.07
Excerpt: ...e to amend, defendant's general demurrer to the First Amended Complaint's fifth cause of action for “Fraudulent Inducement -Concealment” on the basis that plaintiff had insufficiently pled a relationship with defendant General Motors, LLC to give rise to a duty to dis close the alleged concealed material facts regarding plaintiff's vehicle. On December 14, 2023 plaintiff filed the Second Amended Complaint (“SAC”) which is now the subjec...
2024.05.07 Demurrer to FAC, Motion to Strike, to Quash Subpoenas 756
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.07
Excerpt: ...nt the motion to strike. (Code Civ. Proc., § 436.) To deny plaintiff's motion to quash. To deny imposition of sanctions. Explanation: Demurrer and Motion to Strike “Ordinarily, negligence may be pleaded in general terms and the plaintiff need not specify the precise act or omission alleged to constitute the breach of duty.” (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Nevertheless, claims falling under the Tort Cla...
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 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...
2024.05.02 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 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...

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