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3412 Results
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2023.10.05 Motion for Preliminary Approval of Class Action Settlement 864
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.05
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.05
Excerpt: ...Wershba v. Apple computer, Inc. (2001) 91 cal.App.4th 224, 240; see Dunk v. Ford Motor co. (1995) 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 apprcwe 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...
2023.10.05 Motion for Judgment on the Pleadings 255
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.05
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.05
Excerpt: ...ic situaton. In March 2020 the decedent, Anthony Choza, Jr., was a pedestrian on Hughes near Brown Avenue in Fresno when he was struck by a vehicle driven by defendant David Zarucchi. The plaintiffs allege the lack of lighting at the location created a dangerous condition to public property and was a substantial factor causing the decedent's death. The plaintiffs are the decedent's wife, individually and on behalf of the decedent's estate, and hi...
2023.10.05 Application for Default Judgment 440
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.05
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.05
Excerpt: ...two on the back, but here counsel has not signed any of the lines. The form is mandatory and must accompany every default judgment application. (Cal. Rules of Court, rule 3.1800(a).) Therefore, since the request for default judgment is incomplete, the court cannot grant the application. Also, while plaintiff's CEO, Richard Torosian, has provided a declaration summarizing the amount of damages, which are based on the unpaid shipping invoices, Mr. ...
2023.10.04 Motion for Summary Judgment, Adjudication 559
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.04
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.04
Excerpt: ...n ten (10) days from the date of this order. Explanation: Plaintiff's allegations of medical negligence typically require competing expert opinion to defeat a motion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 75; Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.) In other words, defendant is entitled to summary judgment and the motion must be grant...
2023.10.04 Motion for Judgment on the Pleadings, to Strike Punitive Damages 319
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.04
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.04
Excerpt: ... Procedure section 439 and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the motion for judgment on the pleadings and motion to strike. If the parties cannot agree on the purported deficiencies in the complaint, defendant may calendar another hearing date for the motions and must comply with Code of Civil Procedure secton 439 and 435.5 in doing so. If the parties need more time to meet and confer, they may ...
2023.10.04 Motion for Final Approval of Class Action Settlement 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.04
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.04
Excerpt: ...ll dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at October 1, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure secton 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than September 11, 2024. Explanation: "Before final approval, the court must conduct an inquiry into t...
2023.10.04 Demurrer, Motion to Strike 726
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.04
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.04
Excerpt: ...emurrers to the seventh, eighth, and ninth causes of action as to all defendants, with leave to amend only as to Beau and Sunshine Pennington. To sustain the demurrers to the fifth and eleventh causes of action, without leave to amend. Plaintiff is granted 10 days' leave to file the Third Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the motion t...
2023.10.04 Motion to Compel Arbitration and Stay Proceedings 553
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.04
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.04
Excerpt: ... which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on November 8, 2022, against Kia, but not the seller. The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act— Breach of Express Warranty; (2) Violation of the Song-Beverly Act— Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act section 1793.2. Kia now moves to compel arbitratio...
2023.10.03 Motion for Summary Judgment 921
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.03
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.03
Excerpt: ... evidence in the light most fawrable to plaintiffs'" and "'liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant['s] own evidence, in order to resolve any evidentiary doubts or ambiguities in plaintiffs' favor.'" (McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88, 96-97, citations omitted.) The court does not weigh evidence or inferences (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th...
2023.10.03 Demurrer to FAC 114
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.03
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.03
Excerpt: ...fornia, Inc. and Javier Rene Gonzalez-Martinez are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: Plaintiff Emma Kormas ("Plaintiff") filed a First Amended Complaint ("FAC") for eight causes of action: 1. Intentional Misrepresentation; 2. Negligent Misrepresentation; 3. Breach of Fiduciary Duty; 4. Financial Elder Abuse; 5. Negligence; 6. Negligent Supervision and Training; 7. Concealment; and...
2023.10.03 Motion for Terminating and Monetary Sanctions 098
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.03
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.03
Excerpt: .... To impose monetary sanctions in the amount of $6,825 against defendant South Bay Safety Inc. (not its attorney). Defendant South Bay Safety Inc. (not its attorney) shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. If a timely request for oral argument is made, such argument will be entertained on Friday, October 6, 2023, at 10:30 a.m. Explanation: Code of Civil Procedure secton 2023.010...
2023.10.03 Motions to Compel Further Responses 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.03
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.10.03
Excerpt: ...o compel further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,755. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Un...
2023.10.03 Demurrer to SAC 837
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.03
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.03
Excerpt: ...e clerk. Explanation: Initially the court notes that in previously granting leave to amend, plaintiff was directed to place all new allegations in boldface type. Plaintiff did not follow this direction. In the future please place new allegations in boldface type when requested, to facilitate the evaluation of such a long amended pleading. Also, plaintiff's opposition brief does not have page numbering, as required by Cal. Rules of Court, rule 2.1...
2023.09.28 Motion to Compel Further Responses, for Monetary Sanctions 687
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...
2023.09.28 Motion for Summary Judgment 402
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.28
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.28
Excerpt: ...ffs") filed the instant action for seven causes of action: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) private nuisance; (6) public nuisance; and (7) breach of contract. The Complaint is brought against defendants Dogwood East Village, K&K Property Management, Vacasa LLC, Paul Casares and the Williams Family Trust. Plaintiffs alleged that between February 6, 2020 and February 10, ...
2023.09.28 Demurrer, Motion to Strike 321
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.28
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.28
Excerpt: ...grant the motion to strike with ten (10) 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. To find that defendants adequately attempted to meet and confer with plaintiffs' counsel, who effectively refused to do so. Explanation: The express basis for the defendants' demurrer is that the complaint and each of its causes of action fail to state sufficient facts to...
2023.09.28 Demurrer to FAC 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ...tion of Los Angeles Superior Court Case Number 20STCV33816. If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: A defendant may make a plea in abatement pursuant to Code of Civil Procedure section 430.10, subdivision (c). This section provides for a demurrer based on "another action pending between the same parties on the same cause of action." (Code Civ. Proc.,...
2023.09.28 Demurrer to FAC 024
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.28
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.28
Excerpt: ... allegations/language must be set in boldface type. Explanation: Demurrer Generally 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 co...
2023.09.28 Demurrer 687
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ...rrer that "[tlhe complaint is just stating allegations without one proof, no evidence was given that supports those allegations whatsoever." (See Demurrer at p. 2:4.) However, in deciding a demurrer, "the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) In other words, the court does not concern itself with the issue of plaintiff's...
2023.09.28 Demurrer 640
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.28
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.28
Excerpt: ...ll new allegations shall be placed in boldface type. Explanation: Housing Authority's Demurrer The Housing Authority of the City of Fresno demurs on the ground that plaintiff fails to plead compliance with the claim presentation requirements. The Complaint alleges that Fresno Housing Authority is a public entity. (See Complaint, 5(a).) Compliance with the claim filing requirements (i.e., Gov. Code, SS 910, 912.4, 912.8 and 945.4) is an essential ...
2023.09.27 Demurrer, Motion to Strike 778
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ... to amend. Explanation: Demurrer: "The purpose of the [Elder Abuse Act was) essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33; see also Covenant Care, Inc. v. Superior Court (2CN) 32 Cal.4th 771, 787.) "In order to obtain the remedies available in section 15657, a plaintiff must demonstrate by clear and convinci...
2023.09.27 Application for Writ of Attachment, Temporary Protective Order 655
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.27
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.27
Excerpt: ...s or implied contract; (2) the claim is for a fixed or readily ascertainable amount of $500.00 or more, measurable by reference to the contract itself and based upon a computation that is reasonable and certain; and (3) not secured by an interest in real property. (Code Civ. Proc., S 483.010(a).) (CIT Group Equipment Financing, Inc. v. Super DVDI (2004) 115 Cal.App.4th 537, 541.) The plaintiff must at least establish a prima facie case. If the de...
2023.09.27 Demurrer to SAC 805
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ...service of the order by the clerk. Explanation: Second Cause of Action A class-of-one plaintiff, such as is the case here, must allege "that (1) the plaintiff was treated differently from other similarly situated persons, (2) the difference in treatment was intentional, and (3) there was no rational basis for the difference in treatment." (Las Lomas Land Co., LLC v. City of Los Angeles (20439) 177 Cal.App.4th 837, 858.) The City of Fresno ("City"...
2023.09.27 Demurrers to SAC 203
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.27
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.27
Excerpt: ...o, City of Fresno Code Enforcement Division and John Giannetta's demurrer to the Second Amended Complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs Bryce D. Hovannisian and Lindsay E. Hovannisian shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), ...
2023.09.27 Motion to Compel Further Responses 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.27
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.27
Excerpt: ...y 19, 2023 Tentative Ruling: To grant in part plaintiff's May 3, 2023 motons to compel further responses from Kevin Schwin and SchwinLaw, PC to form interrogatories and requests for production. Defendant Kevin Schwin shall provide further verified responses to Form Interrogatory Nos. 2.5, 16.1, 16.2, and 50.1-6. Defendant SchwinLaw, PC shall provide further verified responses to Form Interrogatory Nos. 16.1, 16.2, and 50.1-6. Defendants Kevin Sch...
2023.09.27 Petition to Compel Compliance with Subpoenas 057
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ...dards Enforcement (DLSE), which seek certain documents and the names of witnesses against it in the administrative proceeding the DLSE has brought against it for failure to list Covid-19 supplemental leave on its employees' wage statements. Petitioner contends that it needs this information in order to prepare its defense and to avoid unfair surprise at the informal administrative hearing on fts appeal of the citations. Petitioner cites to arovel...
2023.09.27 Motion for Approval of PAGA Settlement and Attorney Fees 430
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.27
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.27
Excerpt: ...shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56 did provide some guidance. The court explained that "many federal district courts have applied the 'fair, reasonable, an...
2023.09.26 Motion to Withdraw General Appearance 183
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.26
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.26
Excerpt: ...It argues that its attorney, Sumair Sandhu, had intended to file a demurrer and/or a motion for change of venue, but another attorney at the defense firm instead mistakenly filed the answer and crosscomplaint. Declarations from both defense attorneys are presented in support of the motion. While the court does not doubt counsels' contention that an excusable mistake was made, and it also agrees with the reply argument that there has been no unrea...
2023.09.26 Motion for Summary Judgment, Adjudication 234
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.26
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.26
Excerpt: ...serve and file supplemental opposition by the close of business on December 7, 2023. Defendant shall serve and file fts supplemental reply by the close of business on December 15, 2023. The trial date of October 30, 2023 is off calendar. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiffs claims for breach of express and implied warranties under the Song-Beverly Consum...
2023.09.21 Motion to Dismiss Class Action Allegations 833
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...counsel failed to file the motion for class certification by the court-ordered deadline. Defendant also claims that plaintiff has refused to comply with discovery requests, which has forced defendant to file requests for pretrial discovery conferences and motions to compel. Defendant claims to have been prejudiced by plaintiffs' obstruction of discovery and failure to bring a moton to certify the class in a timely manner. In addition, defendant c...
2023.09.21 Motion for Protective Order, to Quash 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...iff's request for sanctions. Explanation: This is an action arising out of the alleged sexual abuse of a student, J.L„ by a teacher, David Blancas, at Monson-Sultana Joint Union Elementary School ("MonsonSultana"). Plaintiff alleges that he suffered sexual abuse between the ages of 10 and 13, from 6th to 8th grade. In February 2015 Monson-Sultana filed a motion for summary judgment on the ground that this action is time barred. In response, on ...
2023.09.21 Motion for Preliminary Class Settlement Approval of Class Action and PAGA Settlement 138
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ... ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substantial benefits to litigants and 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 ...
2023.09.21 Demurrer, Motion to Strike 178
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...type. Explanation: Late Filed Reply Defendant filed its reply pa#rs on September 19, 2023, two days before the hearing on these motions. Reply papers must be filed at least five court days before the hearing. Civ. Proc., S The court has discretion to refuse to consider such late filed papers in ruling on the motion. (Cal. Rules of Court, rule 3.13W(d).) The court will not consider the late filed reply. Demurrer The function of a demurrer is to te...
2023.09.21 Demurrer to FAC 000
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.21
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.21
Excerpt: ...ance Corporation are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: The court initially notes defendants Sordi Properties and The La Hacienda Condominiums Maintenance Corporation, erroneously sued as La Hacienda Condominiums Maintenance Group, (collectively "Defendants") failure to demonstrate compliance with Code of Civil Procedure section 430.41, subdivision (a), which requires parties to me...
2023.09.20 Motion for Final Approval of Class Settlement 820
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.20
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.20
Excerpt: ...within 5 days of the clerk's service of this order. To set a hearing at September 18, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than September 4, 2024. Explanation: "Before final approva , the court must conduct an inquiry into the fairness of the propose...
2023.09.20 Demurrer to FAC 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.20
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.20
Excerpt: ...boldface. Explanation: Defendant County of Fresno ("defendant") demurs to the First Amended Complaint ("FAC") on the grounds that the second and third causes of action of the FAC, for breach arising from special relationships and for breach of mandatory duties, fall to state sufficient facts to state a cause of achon against defendant. Defendant further demurs to the second and third causes of action for uncertainty. On a demurrer a court's funct...
2023.09.20 Demurrer, Motion to Strike 660
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.20
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.20
Excerpt: ... as to injunctive relief, with leave to amend. Plaintiffs are 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. Explanation: Demurrer 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...
2023.09.20 Motion to Dismiss Action 062
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.20
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.20
Excerpt: ...rocedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c), 2031.300, subd. Sanctions for failure to comply with a court order are allowed only where the failure was willful. (R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 cal.App.4th 4...
2023.09.20 Motion for Terminating Sanctions 799
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.20
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.20
Excerpt: ... 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), makes "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctions are only authorized to the extent permitted by each discovery procedure. For failure to obey the court's discovery orders or to appear at a noticed deposition, ...
2023.09.20 Motion to Seal Records 730
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.20
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.20
Excerpt: ...d conditionally under seal (and served as set forth in the Rules). Other particulars required on a motion to seal are set forth in the Rules. The court will not address the merits until the moton is correctly filed and the Rules of Court are properly followed. (See Cal. Rules of Court, Rules 2.550-2.551.) Furthermore, it should be noted that the proposed sealing must be narrowly tailored, since sealing court records conflicts with the First Amend...
2023.09.20 Motion to Strike 774
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.20
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.20
Excerpt: ...v. Proc„ SS 436, subd. (a); 431.10, subd. (c)), and, as recogn-zed in plaintiff's opposition, it is "[t]he policy of the law [l to construe the pleadings "liberally 'with a view to substantial justice.' (Citation.)" (Opp. at p. 2:27- 28.) It is also well settled that "[o]nce the employer admittedly becomes vicariously liable for the negligent acts of the employee, there is no remaining basis at a future trial to attempt to prove the negligence ...
2023.09.19 Special Motion to Strike Complaint 034
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.19
Excerpt: ...timony by defendant Susan Patten ("Defendant") in an underlying probate proceeding. The Complaint states five causes of action: (1) abuse of process; (2) breach of contract; (3) constructive trust; (4) fraudulent inducement; and (5) intentional infliction of emotional distress. Defendant brings the present special motion to strike ("anti SLAPP") against the entirety of the Complaint pursuant to Code of Civil Procedure section 425.16. A SLAPP suit...
2023.09.19 Motion to Strike 830
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.09.19
Excerpt: ...ive damages allegations, once plaintiff has obtained discovery of further facts warranting punitive damages. Defendants shall file their answer(s) to the FAC within 10 days of service of the order by the clerk. Explanation: "The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out al...
2023.09.19 Motion to Consolidate 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...he Notice of Motion to Consolidate in case numbers 21CECG03062 and 22CECG00231 within 10 days of the clerk's service of the minute order. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: California Rules of Court, rule 3.350(a)(1)(C), requires the moving party to file the Notice of Motion to Consolidate in both cases proposed to be consolidated. The supporting memora...
2023.09.19 Motion to Compel Further Responses 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...sponses to Form Interrogatory Numbers 2.5, 2.11, 2.12, 2.13, 8.2, 8.4, 9.1, 9.2, 12.1, 12.2, 12.3, 15.1, 17.1 (with the exception of any responses addressing Request for Admission Numbers 9, 12, 14-15, 24-34), 50.1, 50.2, 50.3, 50.4, 50.5, 50.6; special Interrogatory Numbers 3-8, 9-13, 15-16, 18-22; Request for Admissions Numbers 2- 8, 10-11, 13, 16-23, 35; and Request for Production Numbers 1-16. To deny defendant Premier Valley Bank's motion to...
2023.09.19 Motion to Compel Arbitration 709
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...h defendants. To stay the pending civil action, including the claims of John Broaddus, until the resolution of the arbitration. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: Pursuant to California Code of Civil Procedure section 1281.2, "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy an...
2023.09.19 Motion for Summary Judgment 184
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ... minute order, a proposed judgment consistent with the court's summary judgment order. (Code Civ. Proc„ S 437c, subd. To deny Fresno Community Hospital & Medical Center dba Community Regional Medical Center's ("CRMC") motion for summary judgment. (Code Civ. Proc., S 437c, subd. (c).) If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: Plaintiff alleges that defendants...
2023.09.19 Motion for Preliminary Injunction 528
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.19
Excerpt: ...amirez (together "Plaintiffs") seek an order of preliminary injunction prohibiting defendants Gill Growers, Inc., Vindeep Gill, Lakhbir Gill, and Manjit K. Gill (collectively "Defendants") from: (1) Continuing to fail to maintain the sewer system at 11126 S. Orange Avenue, Fresno, California 93725 (the "Property"), consistent with Civil Ctxle section 1941.1 and Health and Safety Code sections 17920.3, subdivision (a)(14)-(15) and (c); (2) Continu...
2023.09.19 Demurrer to FAC, Motion to Strike Punitive Damages 111
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Excerpt: ...e secton 430.41and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the demurrer and motion to strike. If the parties cannot agree on the purported deficiencies in the first amended complaint, defendant may calendar another hearing date for the demurrer and must comply with Code of Civil Procedure section 430.41 and 435.5 in doing so. If the parties need more tme to meet and confer, they may submit a stipulati...
2023.09.19 Demurrer to FAC 190
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.09.19
Excerpt: ...hat it has no duty to "police" or supervise the accounts of its customers to ensure that they are not the victims of fraud or financial elder abuse and thus it cannot be liable for negligently allowing plaintiff's granddaughter to steal cwer $90,000 from plaintiff's accounts, Wells Fargo has not established that it owes plaintiff no duty as a matter of law. The cases cited by Wells Fargo only stand for the proposition that a bank has no duty to m...