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3437 Results
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Array ( )
2023.11.08 Motion for Summary Judgment 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ... Fresno County Superior Court Case Number 22CECG019861 , which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed the stop sign at the intersection, precipitating the subsequent collision. Defendant Singh fled t...
2023.11.08 Demurrer 076
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.08
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.08
Excerpt: ... 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 concern 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 assessing t...
2023.11.08 Motion for Final Approval of Class Action Settlement 073
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...ement amount is $182,915.07. A revised proposed order shall be submitted to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at November 6, 2024, at 3:30 p.m. in Department 403 as a hearing date for an Amended Judgment pursuant to Cuie of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later t...
2023.11.07 Motions to Compel Initial Responses, Deposition, for Monetary Sanctions 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.07
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.07
Excerpt: ...ant Student Transportation of America, Inc. (STA) in part. To order STA to provide verified responses to the interrogatories and requests for to the extent that it provided substantive responses to the interrogatories and requests. STA shall serve verified responses within 10 days of the date of service of this order. To grant the motion deeming STA to have admitted the truth of the matters in the requests for admission to the extent that STA ser...
2023.11.07 Motion to Disqualify Counsel 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Excerpt: ...he opposing party disclosed to the expert with an expectation of confidentiality. (Shadow Traffic Network v. Superior Court (1994) 24 Cal. App. 4th 1067, 1078-80.) "Because the burden is on the party seeking to disqualify the expert, that party should point to specific and unambiguous disclosures that if revealed would prejudice the party." (Hewlett-Packard co. v. EMC corp. (N.D. cal. 2004) 330 F.supp.2d 1087, 1094.) The party should not be requi...
2023.11.07 Motion to Compel Arbitration 129
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.07
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.07
Excerpt: ...et seq. Defendant Britz Farming Corporation now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to stay the representative portion of the PAGA claim brought on of all aggrieved employees. A trial court is required to grant a moton to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." Civ. Proc., S 1281.2.) However, there is "no public policy in favor of f...
2023.11.07 Demurrer to FAC 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Excerpt: ...to the demurring defendants. Explanation: 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 concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978...
2023.11.02 Demurrer to FAC 659
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.02
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.02
Excerpt: ... eighth [sic, tenthl cause of action. (Code Civ. Proc. (Code Civ. Proc. S 430.10, subd. (f).) Leave to amend is granted to correct the mis-numbering of the ninth and tenth causes of action in addition to the two causes of action for breach of fiduciary duty. Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. ...
2023.11.02 Demurrer to FAC 368
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: ...oldface. Explanation: Defendant State of California ("the State") argues that plaintiff County of Fresno ("the County") has sued the wrong partyl because it was the federal government and not the State that mandated the name change from "Sq Valley" 2 to "Yokuts Valley", the County has adequately alleged that the State passed AB 2022, which prohibited the use of the word "sq_" for geographic names and place names, and to change the names of places...
2023.11.02 Demurrer to FAC 723
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Excerpt: ...be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Exhaustion of Administrative Remedies "In general, a party must exhaust administrative remedies before resorting to the courts." (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Board (2005) 35 Cal.4th 1072, 1080.) Furthermore, "[w]here administrative remedies exist, California courts usuall...
2023.11.02 Demurrers 977
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: .... Explanation: 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 concern 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, 597.) ...
2023.11.02 Motion for Class Certification 018
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: ... the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." (In re Tobacco II Cases (2009) 46 Cal. 4th 298, 313.) California case law requires that substantial evidence un...
2023.11.02 Motion for Trial Preference 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.02
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.02
Excerpt: ...hin the next 120 days. Explanation: Under Code of Civil Procedure section 36, subdivision (a), A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the achon as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in t...
2023.11.02 Motion to Allow Neuropsychological Evaluation 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Excerpt: ...t (1987) 43 Cal.3d 833 (Vinson), the California Supreme Court rejected the plaintiffs claim that her mental condition was not placed "in controversy" by her allegation of continuing emotional distress. "[Clourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. ' (ld. at p. 842.) "[A] party who chooses to allege that he has mental and emotional difficulties can hard...
2023.11.01 Motion to Consolidate Cases 271
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Excerpt: ...quest for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Under Code of Civil Procedure section 1048, subdivision (a), "[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning procee...
2023.11.01 Motion to Compel Initial Responses, to Admit Truth of Facts, for Monetary Sanctions 552
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...rd in Department 502 on Wednesday, November 1, 2023 at 3:30 pm ** Tentatve Ruling: To grant. (Code Civ. Proc., SS 2030.290, 2031.300.) Within 20 days of service of the order by the clerk, defendant Maria Angelica Ruiz Maciel shall serve objection-free responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and produce all responsive documents. The matters specified in plainti...
2023.11.01 Motion for Protective Order, to Quash Subpoena, for Leave to File Complaint 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Excerpt: ...laint Tentative Ruling: To continue the hearing on the motion for a protective order to November 9, 2023. Plaintiff Daniel Real is authorized to file, no later than 5:00 p.m. on Friday, November 3, 2023, the declarations of Susan M. Fosnot, Ph.D and Dana Chidekel, Ph.D that were served on the parties. No other documents are authorized to be filed. To deny each of the motions to quash third-party subpoenas as moot. To grant the motion for leave to...
2023.11.01 Motion for Preliminary Approval of Class Action Settlement 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Excerpt: ...nary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is pro#r. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T. R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for cl...
2023.11.01 Demurrer to Complaint 730
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Excerpt: ... its answer to the Complaint within 10 days of service of the order by the clerk. Explanation: It is "the established rule that as against a general demurrer a complaint will be liberally construed that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary i...
2023.11.01 Demurrer 336
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...murrer to the fourth cause of action and to sustain the general and s#cial demurrers as to the first, second, third, and sixth causes of action, with thirty (30) days leave to amend, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: General and Special Demurrers The basis for this demurrer is that the complaint, in its entirety, fails to state facts sufficient to cons...
2023.10.31 Motion for Judgment on the Pleadings 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...y be amended within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or c...
2023.10.31 Demurrer 897
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.31
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.31
Excerpt: ...d claims are barred by the economic loss rule, as the defendants/cross-complainants have only alleged that they suffered financial harm due to plaintiffs' alleged breach of their contractual duties. Plaintiffs contend that, because defendants only allege economic harm from a contract breach, they cannot reccwer in tort as well. It is true that "[a] person may not ordinarily recover in tort for the breach of duties that merely restate contractual ...
2023.10.31 Application for Default Judgment of Quiet Title 004
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Excerpt: ...s, Angel Gomez and Tomas Gomez who owned the property as joint tenants, and accomplished the transfer through a Grant Deed from Angel Gomez to himself and a Grant Deed from defendant Tomas to plaintiff executed by attorney Thornton Davidson as Attorney-in-Fact for defendant. (Complaint, '14.) Plaintiff has not submitted evidence to support these asserted facts to establish his right to legal title to the property. The evidence plaintiff has submi...
2023.10.31 Motion for Leave to Amend Answer 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Excerpt: ...ng's Commercial Transfer, Inc. ("YCT) filed the instant action and were later named as defendants in Fresno County Superior Court Case Number 22CECG01986, which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed...
2023.10.31 Motion to Compel Arbitration and Dismiss Certain Claims 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...letion of arbitration. If a timely request for oral argument is made, such argument will entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code section 2698 et seq. Defendants Sally Beauty Holdings, lnc„ and Beauty Systems Groups LLC (together "defendants") now seek an order com#lling p...
2023.10.31 Motion for Leave to File SAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...d no later than November 28, 2023. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiffs move the court for leave to file a second amended complaint following the death of plaintiff Parmjit Sekhon after the filing of this action. The motion is brought pursuant to Code of Civil Procedure section 473 and seeks to add Jasbir Sekhon (originally decedent's g...
2023.10.26 Motion to Quash Service of Summons 550
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.26
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.26
Excerpt: ... justifying the exercise of jurisdiction." (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449.) Once the plaintiff meets their burden of establishing minimum contacts, the burden shifts to the defendant to demonstrate that exercising jurisdiction would be unfair or unreasonable. (Secrest Machine Corp. v. Superior Court (1983) 33 Cal.3d 572.) Personal jurisdiction is either general, where the nonresident's contacts with the fo...
2023.10.26 Motion to Compel Further Responses 484
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Excerpt: ...ions as set forth below. To grant the motion to compel further verified response to Demand for Production, Set One. Within 20 days of service of the order by the clerk, plaintiff shall provide a second amended response to each document demand and produce all responsive documents, if they have not pr(Nluced already. To impose $3,120 in monetary sanctions against plaintiff Megan Zupancic and in favor of Platinum Coast Inc., to be paid to Platinum C...
2023.10.26 Motion for Leave to Amend Answer 299
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Excerpt: ..., "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an ...
2023.10.26 Motion for Judgment on the Pleadings, for Leave to File FAC 387
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.26
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.26
Excerpt: ...e clerk of the minute order. New allegations/language must be set in boldface type. To find plaintiffs' moton for leave to amend moot. Explanation: JUDGEMENT ON THE PLEADINGS A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) The grounds for the motion must appear on the face of the chall...
2023.10.26 Motion for Attorney Fees 230
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.26
Excerpt: ...dard for Awarding Attorney's Fees Probate Code section 4545 provides that when a challenge is made to a power of attorney by someone other than the attorney in fact, "the court may in its discretion award reasonable attorney's fees" to the attorney in fact, if the court determines that the proceeding was commenced without any reasonable cause." The Probate Code does not define reasonable cause" as it is used in section 4545. However, California c...
2023.10.25 Motion to Compel Further Responses 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Excerpt: ...ney, jointly and severally, payable no later than 30 days from the date of this order, with the time to run from the service of this minute order by the clerk. Civ. Proc. SS 2030.31W, subd. (d), 2023.010, subd. (h).) Explanation: A motion to compel further responses lies where the responses to the interrogatories are deemed improper by the propounding party, i.e., meritless or overly general objections, evasive or incomplete answers. (Code Civ. P...
2023.10.25 Motion to Compel Arbitration, Stay Pending Litigation, and Dismiss Putative Class Claims 474
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Excerpt: ... claims from arbitration. To dismiss the plaintiff's class claims. To stay the litigation of the PAGA claim until the arbitration has been resolved. Explanation: Pursuant to California Code of Civil Procedure secton 1281.2, "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner ...
2023.10.25 Motion for Summary Judgment, Adjudication 253
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Excerpt: ...ent with the court's summary judgment order. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of their cause of action or to show that there is a complete defense. Civ. Proc., S 437c, subd. Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts...
2023.10.25 Motion for Summary Judgment 834
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Excerpt: ...d Avenue, Fresno, California 93726 (the "Property"). Plaintiff alleged having exclusive, complete, open, continuous and notorious possession of the property for more than five years. Plaintiff now seeks summary judgment. A party may move for summary judgment in an action if is contended that there is no defense to the action. (Code Civ. Proc. S 437c, subd. (a)(l).) Notice of the motion and supporting papers shall be served on all other parties to...
2023.10.25 Motion for Preliminary Approval of Class Settlement 630
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.25
Excerpt: ....App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. The court may make an o...
2023.10.24 Motion for Final Approval of Class Settlement 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.24
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.24
Excerpt: ...lass Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. Se...
2023.10.24 Motion for Attorney Fees 290
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Excerpt: ...'s fees and court costs as may be Þxed by the court.” (Health & Saf. Code, § 17980.7, subd. (c)(11).) Also, “[i]f the court Þnds that a building is in a condiŸon which substanŸally endangers the health and safety of residents pursuant to SecŸon 17980.6, upon the entry of any order or judgment, the court shall do all of the following: … Order the owner to pay all reasonable and actual costs of the enforcement agency including, but n...
2023.10.24 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 385
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.24
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.24
Excerpt: ...ries (Set One), Special Interrogatories (Set One), and Request for Prtxluction of Documents (Set One). Plaintiff Dwayne Williams is ordered to serve verified responses, without objections, to defendant within 30 days of service of the minute order by the clerk. To grant defendant Jaene Ojeda Mendoza's requestto deem Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admit...
2023.10.24 Motion for Judgment on the Pleadings 248
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Excerpt: ...h 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735 ["'motion for judgment on the pleadings is equivalent to a demurrerml.) The purpose of the Government Claims Act ("Claims Act") is "to give the public entity the opportunity to investigate and settle the claim without the cost of litigation[l" (Le Mere v. Los Angeles Unified School DIst. (2019) 35 Cal.App.5th 237, 247), and accordingly courts typically view the "present...
2023.10.24 Motion to Compel Responses, for Sanctions 029
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.24
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.24
Excerpt: ...equests for Production, Set One. (Code Civ. Proc. S 2031.320, subd. (a).) The documents shall be served no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To deny the request for sanctions pursuant to Code of Civil Procedure section 2031.310, subdivision (h). Explanation: The motion at bench was calendared as a motion to compel initial responses to discovery. However, the moving...
2023.10.19 Petition to Confirm Arbitration Awards 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.19
Excerpt: ...names of the arbitrators; and (c) set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. Misaghi has complied with these requirements. Thus, unless pro#rly moves to vacate, correct or dismiss the petition, the court must confirm the arbitration award and enter judgment thereon. (Code Civ. Proc., SS 1286; 1287.4; Eternity Investments, Inc. v. Brown (2W7) 151 Cal.App.4th 739, 744-45.) Deli Delicious agree...
2023.10.19 Motion to Set Aside Dismissal 492
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.19
Excerpt: ...11-16.) The court disagrees. The court granted plaintiff an order shortening tme at the ex parte hearing, with the added proviso that "[nlew filings will flow from the new hearing date." However, this did not require plaintiff to refile his motion. Rather, the court's order effectively advanced plaintiff's hearing date from January 18, 2024, to October 17, 2023 (which was then continued again to October 19, 2023). The court's direction regarding ...
2023.10.19 Motion for Summary Adjudication 865
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Excerpt: ...injured on the job while working for an electrical subcontractor on September 25, 2019 at a constructon site at 570 N Magnolia Ave., Clovis, California 93611. Defendants Perch Construction, Inc. and Frontline Plastering were the general contractor and subcontractor, respectively. Perch's cross-complaint against Frontline seeks to enforce the defense and indemnity provisions of their subcontract pursuant to which Frontline agreed to provide plaste...
2023.10.19 Demurrer to SAC 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Excerpt: ...nia Attorneys, Administrative Law Judges and Hearing Offcers in State Employment ("Plaintiff") brings one cause of action for declaratory relief against defendants California Department of Human Resources and Eraina Ortega as Director for the California Department of Human Resources (collectively "Defendants"). Plaintiff seeks a judicial declaration of its rights as affected by Defendants' interpretation of certain state law. This court previousl...
2023.10.19 Demurrer to FAC 893
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.19
Excerpt: ...Explanation: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2007) 42 Cal.4th 201, the California Sup...
2023.10.19 Demurrer 078
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.19
Excerpt: ... Explanation: Plaintiff Jeff Reich individually and doing business as The Reich Law Firm (together "Reich"), filed suit on July 19, 2021, to collect fees due for litigation services provided to Lucille Srabian and Morris Srabian in a prior lawsuit. Lucille Srabian ("Srabian") filed a Crosscomplaint against Reich. Srabian filed no opposition to the demurrer. Grounds for Demurrer to Cross-complaint Srabian's Cross-complaint has three causes of acti...
2023.10.18 Motion to Enforce Discovery Order 340
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.18
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.18
Excerpt: ...efendant's failure to obey the court's order entered on March 29, 2023, which issued from plaintiff's unopposed motion to compel initial responses to discovery. The order required defendant Hollly-Ray to serve initial responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents (all set one), and required defendant and her attorney, Brian Folland, to pay (jointly and severally) monetary sanctions in the amou...
2023.10.18 Motion to Compel Further Responses, for Sanctions 708
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.18
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.18
Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...
2023.10.18 Motion to Compel Deposition, for Monetary Sanctions 214
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.18
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.18
Excerpt: ...s. (Code Civ. Proc., S 2025.450, subd. (c)(l).) In the event that plaintiff refuses to agree upon a date then the date shall be unilaterally set by defendants' counsel. To deny the request to impose $713M in monetary sanctions (as a cost reimbursement) because due process requires that the request appear on the caption page of the notce of moton. Explanation: The motion is brought pursuant to Code Civ. Proc., S 2025.450. Subdivision (a) thereof p...