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2024.02.01 Motion for Preliminary Injunction 987
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.01
Excerpt: ...efendants from forcing park residents who resided at the park prior to October 10, 2022, to re-apply for tenancy, and closing the park until the City approves the closure and relocation plan under Government Code section 65863.7. To waive the requirement that plainti¯s post an undertaking to obtain the injunction. Explanation: “This court has traditionally held that trial courts should evaluate two interrelated factors when deciding whether o...
2024.02.01 Demurrer, Motion to Strike 000
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.02.01
Excerpt: ...in his Þrst amended complaint (the "FAC") that he purchased a 2021 Chevrolet Silverado (the "Vehicle") in November 2021. The plainti¯ alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information, including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the public,...
2024.01.31 Motion to Quash Deposition Subpoena for Production of Business Records 913
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.31
Excerpt: ...to the present. To deny plainti¯'s r e q u e s t f o r m o n e t a r y sanctions against defendants. Explanation: Defendants move to quash plainti¯'s business records subpoena under Code of Civil Procedure sections 1985.3 and 1987.1, contending that the subpoena is overbroad, burdensome, harassing, seeks conÞdential and private information, and seeks information that is not relevant or likely to lead to the discovery of admissible evidence. ...
2024.01.31 Motion to Deem RFAs Admitted, to Compel Responses 338
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.31
Excerpt: ..., Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Tentative Ruling: To grant all motions as to plainti¯ Barandalla. Within 20 days of service of the order by the clerk, plainti¯ Barandalla shall serve objection-free responses to the items speciÞed in the document Þled by defendant...
2024.01.31 Motion to Compel Initial Responses, to Deem RFAs Admitted 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.31
Excerpt: ...onses, without objections, to the Þrst set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant R&S in the amount of $890. To deny the request for sanctions against defendant's attorney. Defendant shall pay sanctions within 30 days of the date of service of this ...
2024.01.31 Motion for Leave to File SAC 082
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.31
Excerpt: ...this motion within 10 days of the clerk's service of the minute order. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justiÞed: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action o...
2024.01.31 Demurrer, Motion to Strike 670
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.31
Excerpt: ...damages, with leave to amend. Plainti¯s may Þle and serve a Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC (“Defendant”) demurs to the fourth cause of action for fraudulent concealment set forth in the First Amended Complaint (“FAC”). On a demurrer a court's function is limited to testing the legal su¯ici...
2024.01.30 Motion for Summary Adjudication 625
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.30
Excerpt: ...air Employment and Housing Act provisions relied upon by plainti¯. To sustain defendant's objections as to the declaration of Shaun Austin. To sustain defendant's objections, except objection #2, to the declaration of Morgan Ruiz. Explanation: This case arises out of an alleged wrongful termination of plainti¯ after he su¯ered a brain aneurism requiring emergency surgery and extensive post-surgical rehabilitation. When plainti¯ contacted ...
2024.01.30 Demurrer to TACC 724
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.30
Excerpt: ...eave to Þle the Fourth Amended Cross-Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Cross- Defendant SpotOn Transact, LLC (“SpotOn”) demurs to the third and fourth causes of action in cross complainants' third amended cross-complaint (TACC) on the basis that each fails to state facts su¯icient to state a cause of action. (Code Civ. Proc. §430.10,...
2024.01.30 Motion to Strike Complaint 987
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.30
Excerpt: ...rt also intends to grant the motion to strike plainti¯s' sixth cause of action, paragraph 205, lines 21 thru 24, which alleges that “Defendants further interfered with Plainti¯'s m e m b e r s ' contracts by unlawfully and non-consensually terminating the tenancies of all Plainti¯'s members, including Kim Sands, by serving them with a ‘Five Day Notice to Vacate' on or around April 12, 2023, and by Þling unlawful detainers against sever...
2024.01.30 Motion for Summary Judgment 414
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.30
Excerpt: ... action has no merit if the party has shown that one or more elements of the cause of action … cannot be established, or that there is a complete defense to the cause of action.” (Code Civ. Proc. § 437c, subd. (p)(2).) If the defendant does not meet that burden, the motion must be denied, even if the plainti¯ has not opposed it adequately or at all. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 742743.) Once the moving defendant has met it...
2024.01.25 Motion to Strike SACC 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.25
Excerpt: .... Proc., S 436, subd. (b); Code Civ. Proc., S 1021.) Explanation: Untimely Amendment Plaintiff and Cross-Defendant Guardian Angel's Adult Day Health Care, LLC ("Guardian Angel") moves to strike the entirety of Defendant and Cross-complainant's Second Amended Complaint, filed on June 21, 2023, on the ground of untimeliness, or in the alternative, to strike the request for attorneys' fees. When the court sustains a demurrer with leave to amend, ord...
2024.01.25 Motion for Summary Judgment, Adjudication 179
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.25
Excerpt: .... Davis as Trustee of the Brent A. Davis 2012 Revocable Trust, Davis & Davis Distributors, Davis Equipment, Inc., Davis & Davis Distributors No. 2, Inc. and VRAD Products, Inc.'s motion for summary judgment of the Third Amended Complaint against them. Defendants shall submit a Judgment consistent with the terms of this ruling within 10 days of service of the order. Explanation: Summary judgment is properly granted when no triable issue exists as ...
2024.01.25 Motion for Summary Judgment 930
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.25
Excerpt: ...juries suffered when plaintiff Roland Diaz was attacked in his office at Fresno City Hall Annex by Joseph Roy. Plaintiffs contend that locks and doors within the building did not operate as expected, due to the negligence of defendants, such that Mr. Roy was able to enter plaintiff's office and injure Mr. Diaz. However, the evidence shows that Sierra Lock did not install, service and/or repair any lock involved in the subject incident. (UMF 1-7.)...
2024.01.25 Motion for Summary Judgment 131
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.25
Excerpt: ...hired the plaintiff, Mr. Lopez, an experienced licensed roofing contractor, to work on their roof. (Fact Nos. 2, 6; Plaintiffs Fact ["P-Fact"l Nos. 1, 2.) Mr. Lopez brought his own ladder and tools to the premises to perform work on the roof. (Fact No. 7.) Mr. Lopez's typical practice is to place his ladder and test it to make sure it is steady and secure before using it to avoid falls. (Fact No. 8.) Mr. Lopez placed his ladder at the back of the...
2024.01.25 Motion for Summary Judgment 075
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.25
Excerpt: ...vere water damage which decedent's house sustained after an integrated water supply part located within an upstairs bathroom faucet failed and caused the home to flood. Unfortunately, decedent had suffered a stroke and was not living in her home at the time in question. Decedent stated that she learned of the claim when the water utility contacted her to advise that her water had been shut off following an unusually large spike in water usage. De...
2024.01.25 Motion for Preliminary Approval of Class Action and Representative Action Settlement 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.25
Excerpt: ...preliminary settlement class. (Cal. Rules of Court, rule 3.769(d).) "If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notce to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, rule 3.769(e).) "If the court has certified the action as a class action, notce of the final approval hearing must...
2024.01.25 Motion for Attorney Fees, to Amend Judgment 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.25
Excerpt: ...r Family Trust of 2004, ("Plaintiff") seeks an award of attorney fees pursuant to Civil Code section 1717 following judgment after trial, which was entered in favor of Plaintiff against defendants Larry Oakander and Patricia Oakander (collectively "Defendants"). The First Amended Complaint stated one remaining cause of action against Defendants, for breach of installment note. Plaintiff now seeks a fee award of $407,553.60. Statutory Grounds unde...
2024.01.25 Demurrer 328
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.25
Excerpt: ... leave to file a Petition for Relief to File Late Claim pursuant to Government Code section 946.6. The Petition shall be filed in Fresno Superior Court Case Number 23CECG02328. 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 ...
2024.01.24 Motion for Summary Judgment, Adjudication 399
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ... order. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of the at-issue cause of action or to show that there is a complete defense. (Code Civ. Proc. CCP S 437c, subd. (p)(2).) 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 exists — ...
2024.01.24 Motion for Attorney Fees 094
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ... to as the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees. (Trope v. Katz (1995) 11 Cal.4th 274, 278.) Code of Civil Procedure section 1021 provides: "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are e...
2024.01.24 Demurrer, Motion to Strike Punitive Damages 595
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.24
Excerpt: ...vil Procedure section 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 time to meet and confer, they may subm...
2024.01.24 Motion for Trial Preference 903
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ...ng 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 interest in the litigation. (Code Civ. Proc., S 36, subd. "upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no contnuance beyond 120 days from the granting of the motio...
2024.01.24 Motion to Compel Deposition 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.24
Excerpt: ... pursuant to the rules and exceptions for psychotherapist-patent communications. (Evid. Code, S 1010 et seq.) Evidence Code section 1012 protects communications between a psychotherapist and a patient, including communications during the scope of treatment and diagnoses made by the therapist. A psychotherapist shall claim the privilege whenever disclosure of such communications is sought. (Evid. Code, S 1015.) The holder of such privilege is the ...
2024.01.24 Motion to Compel Initial Responses, to Deem RFAs Admitted, for Monetary Sanctions 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.24
Excerpt: ...nses, without objections, to the first set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant Stine in the amount of $890. To deny the request for sanctions against defendant's attorney. Explanation: Plaintiffs have shown that they are entitled to orders compell...
2024.01.24 Motion to Compel Arbitration and Dismiss or Stay Proceedings 954
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.24
Excerpt: ...) Explanation: "California law like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) "When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed." (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) In addition, arbitration is a " 'matter of consent, not coercion,'" an...
2024.01.23 Motion to Declare Vexatious Litigant, for Prefiling Order 624
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.23
Excerpt: ...gant. To order plaintiff to obtain permission from the presiding judge of the court before filing any new actons in pro per. Explanation: Demurrer: Defendant demurs to the entire complaint on the grounds that of "failure to include any causes of action" and "unintelligibility." However, "failure to include any causes of action" and "unintelligibility" are not statutory grounds for a demurrer. It appears that defendant is arguing that the complain...
2024.01.23 Motion for Terminating Sanctions 648
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.23
Excerpt: ... proposed judgment dismissing the achon. The trial date set for August 19, 2024, is vacated, as are the related dates for Mandatory Settlement Conference and Trial Readiness. If a timely request for oral argument is made, such argument will be entertained on Wednesday, January 24, 2024, at 3:30 p.m. Explanation: Once a moton to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more...
2024.01.23 Motion for Settlement Approval of PAGA Claims 992
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ... 3 Cal. 5th 531, 549, citing Labor Code section 2599(1)(2) ["The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court."]) The trial court is to "evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law vio...
2024.01.23 Motion for Preliminary Approval of Class Action Settlement 923
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.23
Excerpt: ...ility issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) 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 conditi...
2024.01.23 Motion for Attorney Fees 583
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.23
Excerpt: ...ettlement. Explanation: 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 connecton with the commencement and prosecution of such action." (Civ. Code, S 1794, subd. (d).) The statute "...
2024.01.23 Motion for Approval of PAGA Settlement 999
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ...ction brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. Oskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative act...
2024.01.23 Demurrer to FAC 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ...subd. (e).) Moving parties shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to them. Explanation: Plaintiff alleges that she was discriminated against based on her race in her employment with Omni Family Health Organization. She sues Omni and three Omni employees (Joseph Hayes, Aurora Cooper and Gloria Pacleb) for (1) hostile work environment racial harassment; failure to p...
2024.01.18 Motion for Final Approval of Class Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.18
Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 16, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class 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 co...
2024.01.18 Demurrer 627
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.18
Excerpt: ...ich notably contains a single titled cause of action for common count — money had and received) fails to state suffcient facts to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10 and is otherwise uncertain, based upon subdivision (f) of Code of Civil Procedure section 431.10. Defense counsel met and conferred with plaintiff in Spanish by telephone before filing the demurrer, per the declaration ...
2024.01.18 Demurrer 864
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.18
Excerpt: ...lacks jurisdiction, the claims are barred by the doctrine of res judicata, and defendant's promise was an unenforceable gift. Cause of Action Improperly Labelled To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action or that "he is entitled to some relief." (Amid v. Hawthorne Community Medical Group, Inc. (1989) 212 Cal.App.3d 1383, 1386-1387.) Additionally, the court "treat[sl the demurrer as admitting ...
2024.01.18 Motion for Attorney Fees 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.18
Excerpt: ...civil achon brought under the Fair Employment and Housing Act, Government Code section 12900 et seq., may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code 512965, subd. (c)(6).) The parties reached a settlement upon plaintiff's acceptance of defendants' Code of Civil Procedure section 998 Offer to Compromise, the terms of which included reasonable attorney's fees and costs awarded by the court. In her motion ...
2024.01.18 Motion for Summary Judgment 098
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.18
Excerpt: ...proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc„ S 437c, subd. (p)(2).) 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 exists — and this must be shown via specific facts and not mere allegations. (ld.) "California cou...
2024.01.18 Motion for Reconsideration of Order of Stay 798
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.18
Excerpt: ...court issued an order granting Defendant's motion and stayed all proceedings pending final disposition of the United States District Court, Eastern District of California, Case No. 1:22-cv-00729. Plaintiff now seeks reconsideration of that order of stay. Motions for reconsideration fall under the purview of Code of Civil Procedure section 1008, which states in pertinent part: When an application for an order has been made to a judge, or to a cour...
2024.01.18 Motion to Enforce Settlement of Agreement, to Tax Costs 401
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.18
Excerpt: ... to Enforce Settlement Agreement "Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.„." (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182, internal citations omitted); see also Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1353-1355 [assent can be established where the parties were present but did not object to settlement termsl.) Furth...
2024.01.18 Motion to Tax Costs, Enforce Settlement 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.18
Excerpt: ...cted to submit a proposed judgment. Explanation: Tax Costs On August 29, 2023, judgment was entered in the consolidated matter in favor of defendant Haight Brown & Bonesteel, LLP ("Defendant") and against plaintiff Hallmark Specialty Insurance Company ("Hallmark") following the granting of a motion for nonsuit. Defendant filed a memorandum of costs for $122,662.55. Hallmark seeks to tax those costs. Specifically, Hallmark objects to certain entri...
2024.01.18 Petition to Compel Appraisal 166
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.18
Excerpt: ...ibed." (Kacha v. Allstate Ins. Co. (2006) 140 Cal.App.4th 1023, 1031.) It is not the court's role to review the merits of the controversy or to determine whether the evidence is sufficient to support the appraisal award. (Ibid.) The petition identifies the California Arbitration Act, (Code Civ. Proc. S 1280, et seq.) as providing authority for the court to compel California FAIR Plan Association to participate in the Insurance Code 52071 appraisa...
2024.01.17 Motion to Set Aside Default 214
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.17
Excerpt: ...by their first names, not out of disrespect, but for ease of reference.) Robert Kloppenburg (the decedent) passed away in November 2022. Brent is the trustee of his fathers (the decedent's) trust and Paz is the decedent's widow. Brent has known Paz for over 30 years. The plaintiff owns a home (the residence) in Fresno. Upon the decedent's death, the terms of the trust grant Paz the right to occupy the residence, provided she keeps the residence i...
2024.01.17 Motion for Pretrial Discovery Re Profits and Financial Condition 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.17
Excerpt: ...ng with his evidence. The evidence and new memorandum must be filed on or before 5:00 p.m. on February 20, 2024. Plaintiff may file a new reply on or before 5:00 p.m. on Thursday, February 29, 2024. Explanation: Defendant opposes the moton by arguing that plaintiff has failed to meet the requirements to allow her to bring a renewed motion under Code of Civil Procedure section 1008, subdivision (b). However, the court does not actually regard this...
2024.01.17 Motion for Preliminary Injunction 281
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.17
Excerpt: ... injunction. The matter is not being heard on an ex parte basis. A preliminary injunction may be granted any time before judgment upon affidavits that show sufficient grounds, and notice to the opposing parties. (Code Civ. Proc. S 527, subd. (a).) Generally, the complaint must set forth a cause of action for injunctive relief to support the issuance of a preliminary injunction. (See Code Civ. Proc. S 526, subd. (a)(1)-(2).) However, a preliminary...
2024.01.17 Motion for Attorney Fees, to Tax Costs 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.17
Excerpt: ...ory Miyake, DMD ("Defendant") seeks an award of attorney fees pursuant to Civil Code section 1717 following the dismissal of the Complaint by plaintiff Mehdi Jafarinejad, DMD ("Plaintiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for Ju...
2024.01.17 Demurrer to TAC 203
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.17
Excerpt: ...esno Code Enforcement Division and John Giannetta's demurrer to the Third Amended Complaint, without leave to amend. (Code Civ. Proc. S 430.10, subd. (e).) Defendants Fresno County Tax Collector Oscar Garcia, City of Fresno, City of Fresno Code Enforcement Division, and John Giannetta are directed to submit a proposed judgment. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enf...
2024.01.11 Anti-SLAPP Motion to Strike 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.11
Excerpt: ...ustin Harris only, including the language "and/or Defendant Harris" contained in paragraph 74. Explanation: Objection The court sustains the hearsay objection to paragraph 10 of the Aretakis Declaration. Ant-SLAPP A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought "primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grievances." (Code Civ. Proc., S 425.16,...
2024.01.11 Demurrers to SAC 271
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.11
Excerpt: ...o constitute a cause of action, with leave to amend. To overrule the City's demurrer to the first and third causes of action. To sustain the City's demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. Plaintiff is permitted to file and serve a Third Amended Complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanat...
2024.01.11 Motion for Judgment on the Pleadings, for Terminating Sanctions 906
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.11
Excerpt: ...t dismissing the action as to the City of Fresno. Explanation: A motion for judgment on the pleadings can be made at any time before or during trial. The motion performs the same function as a general demurrer, and thus attacks defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1058.) The plaintiff, Kimberly Ramirez (Plaintiff), has ha...
2024.01.11 Motion to Compel Arbitration and Dismiss Class Claims 174
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.11
Excerpt: ...d all aggrieved employees under Labor Code section 2698 et seq. Defendant now seeks an order compelling plaintiff to private arbitration of his individual claims, and dismissal of the class claims. A trial court is required to grant a motion to compel arbitration "if determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the part...
2024.01.11 Motion to Compel Arbitration and for Stay 048
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.11
Excerpt: ...v. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to co...
2024.01.11 Motion to Compel IME 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.11
Excerpt: ...take one full eight-hour day. Explanation: Any party may obtain discovery by means of a physical or mental examination of a party to the action, in any action "in which the mental or physical condition of that party is in controversy in the action. ' (Code Civ. Proc., S 2032.020, subd. (a)(l).) If a party desires to obtain discovery by a physical or mental examination, that party shall obtain leave of court. (Code Civ. Proc., S 2032.310, subd. Th...
2024.01.11 Motion to Deem RFAs Admitted, to Compel Deposition, Initial Responses 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.11
Excerpt: ...of Documents, Set One Tentative Ruling: To grant the motions to compel verified discovery responses, and for deemed admissions. (Code Civ. Proc., S 2030.290, 2031.300, 2033.280.) Within 10 days, plaintiff Jose Madrigal shall serve objections-free, verified responses Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Se...
2024.01.10 Motion for Terminating Sanctions and Monetary Sanctions 715
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.10
Excerpt: ...inute order, a proposed judgment dismissing this action. To grant monetary sanctons against plaintiff and plaintiff's counsel in the amount of $1,359.95. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Terminating Sanctions: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civi...
2024.01.10 Motion for Summary Adjudication 175
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.10
Excerpt: ... Plaintiffs move, pursuant to Code of Civil Procedure, section 437c, subdivision (f)(l), for summary adjudication against all three of defendant's affirmative defenses raised in his answer: (1) self-defense, (2) defense of property, and (3) necessity. Plaintiffs contend that defendant cannot establish any of these affirmative defenses. However, the evidence plaintiffs submit in support of its motion, with the exception of the decedent's cause of ...
2024.01.10 Motion for Preliminary Approval of Class Action Settlement 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.10
Excerpt: ...t preliminary 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 proper. (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 moti...
2024.01.10 Demurrer, Motion to Strike 455
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.10
Excerpt: ...: 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 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.) In a...
2024.01.10 Motion to Compel Initial Responses, for Sanctions 997
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.10
Excerpt: ...rant each moton to compel initial responses. Within ten (10) days of service of the order by the clerk, plaintiff Kent Lane shall serve verified responses, without objections, to Form Interrogatories, Set One. To impose monetary sanctions in the total amount of $820.00 against plaintiff Kent Lane, in favor of defendants Abel Cintora and Abel's Towing & Roadside Service, Inc. Within thirty (30) days of service of the order by the clerk, plaintiff ...
2024.01.09 Motion for Consolidation 454
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.09
Excerpt: ...On October 31, 2022, plaintiff John Doe, a minor by and through his guardian ad litem, Sara Parker, filed suit against defendants Fresno Unified School District and William Duprey regarding claims of sexual abuse, and negligent hiring and supervision in or around September 2019.1 On May 18, 2023, plaintiff A.J., a minor by and through his guardian ad litem Jose Miguel Juarez, filed suit against defendants Fresno Unified School District and Willia...
2024.01.09 Demurrer to SAC 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.09
Excerpt: ...tate facts sufficient to constitute a cause of action, with leave to amend. Plaintiffs shall serve and file their third amended complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: CSU and the Association's Demurrer to Third Cause of Acton: Defendants demur to the third cause of action for intentional interference with contractual relationship on the ground that they are not "stran...
2024.01.09 Motion for Summary Judgment 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.09
Excerpt: ...or about November 5, 2020, Plaintiff, a minor, was a guest at the home of defendants Jason Mengior Pritchard Sr., Jason M Pritchard II, David Garrett and Desiree Garrett. Defendants allegedly gave alcoholic beverages to plaintiff and provided more alcohol after plaintiff was obviously intoxicated. Plaintiff left the location, apparently on foot, and was struck by a car. The parties are all in agreement that plaintiff's negligence claim relies on ...
2024.01.09 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.09
Excerpt: ...ice of the order. If a timely request for oral argument is made, such argument will be entertained on Thursday, January 11, 2024, at 3:30 p.m. 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., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of act...
2024.01.09 Motion to Compel Deposition, for Sanctions 648
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.09
Excerpt: ... pay monetary sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 2025.450, "If, after service of a deposition notice, a party to the action without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the d...
2024.01.04 Motion to Quash Service of Summons 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04
Excerpt: ...nterprises, Inc. ("Plaintiff"). Big Valley challenges the proof of service, which indicates service on a Jane Doe, arguing that Jane Doe is not one of the statutory persons upon whom service on a corporation may be effected. Where the party to be served is a corporation, summons may be served on, among others, the corporation's: agent for service of process; or president, chief executive officer, or other head of the corporation, a vice president...
2024.01.04 Motion to Deem RFAs Admitted 323
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.04
Excerpt: ...ke plaintiff's objections in the responses, as plaintiff waived the right to object when he failed to serve timely responses and thus the objections are improper. Explanation: under Code of Civil Procedure section 2033.280, If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including ...
2024.01.04 Motion to Compel Responses, to Deem RFAs Admitted 617
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04
Excerpt: ... set one. (Code Civ. Proc. SS 2030.290, subd. (b), and 2031.300, subd. Plaintiff is ordered to serve complete verified responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To deem defendant's request for admissions, set one, admitted by plaintiff Sukhwinder Singh. (Code Civ. Proc. 52033.280, subd. (b).) To require defendant to pay $120 for moton fees to the clerk (in addition to...
2024.01.04 Motion to Compel Further Responses, for Monetary Sanctions 354
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.04
Excerpt: ...gainst plaintiff in the amount of $1800, payable within 10 days of the date of this order, with the time to run from service of this minute order by the clerk. Explanation: Discovery Motions Generally As a preliminary matter, motions to compel compliance with separate discovery requests ordinarily should be filed separately. Despite the fact that plaintiff has only set one motion on the court's calendar, the court will rule on the motion, which i...
2024.01.04 Motion for Terminating and Monetary Sanctions 699
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.04
Excerpt: ...ubd. To grant plaintiff's request for monetary sanctions in the amount of $1,860 against defendant Brooklyn Moving Inc. payable to plaintiffs counsel within thirty (30) days from the date of this order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court order to prov-de discovery." (Code Civ. Proc...
2024.01.04 Motion for Summary Judgment, Adjudication 080
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04
Excerpt: ...he moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S437c, subd. (c).) In determining a motion for summary judgment, the court views the evidence "in the light most favorable to the plaintiff", liberally construing plaintiff's evidence and strictly scrutinizing the defendant's evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 254.) The court does not weigh evidence or inferences (Aguilar v. Atlantic R...
2024.01.04 Motion for Final Approval of Class Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.04
Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 11, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class 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 co...
2024.01.04 Motion for Attorney Fees 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.04
Excerpt: ...ntiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for July 28, 2023. On July 27, 2023, Plaintiff filed a request for dismissal of the Complaint without prejudice; the dismissal was entered the same day. Defendant asserts that he is the p...
2024.01.04 Motion to Withdraw RFAs Deemed Admitted 175
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04
Excerpt: ...(b); Code Civ. Proc., S 437c, subd. (h).) Explanation: Withdraw Admissions The court may permit a party to withdraw or amend an admission made in response to requests for admission only if the court finds: 1) the admission resulted from "mistake, inadvertence or excusable neglect;" and 2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (Code Civ. Proc., S 2033.300, subd. (b).) T...
2024.01.03 Demurrer to TAC 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.03
Excerpt: ...t first asking for leave of court to amend. (Code Civ. Proc., S 436; Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 578.) To sustain the demurrer to the first, second and third causes of action as to defendants Mitch Herr, Vilay Lee, Cher Yang, and the Hmong Cultural New Year Celebration, Inc., to the entire operative complaint, without leave to amend. (Code Civ. Proc., S 430.10, subd. (e).) To sustain the demurrer to the first cause of achon as...
2024.01.03 Demurrer to FAC 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...demurrers to plaintiff's first (breach of fiduciary duty), third (elder abuse), fifth (breach of implied covenant) and sixth (unfair business practice) causes of acton. To grant defendants' request for judicial notce. The court will take notice of its own records in the instant case for the fact of the filing of plaintiff's first amended complaint but not for the truth of the matters stated therein. Explanation: The express basis for the defendan...
2024.01.03 Demurrer to FAC 593
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.01.03
Excerpt: ...set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not orgarized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff argues that religious organizations are subject to FEHA, and that if they are not, then the doctrines of waiver and estoppel act to make defendant subject to FEHA as if the exemption did not apply. Essentially, plaintiff argues that def...
2024.01.03 Motion to Compel Deposition of PMQ 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.03
Excerpt: ...in the total amount of $1,875. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Objections The court overrules plaintiff's objections to paragraphs 5 and 8-12 of the Brar Declaration. Motion to Compel Attendance On April 25, 2023, plaintiff served a Notice of Deposition for General Motors' ("GM") Person Most Qualified ("PMQ") for May 23, 2023. (Sanjur-Van Bra...
2024.01.03 Motion for Approval of PAGA Settlement 227
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.03
Excerpt: ...gment in an achon brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab. Code, secton 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA repre...
2024.01.03 Motion to Set Aside Default 186
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...xcusable neglect under Code of Civil Procedure, section 473, subdivision (b). Actual Notce "When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (Code Civ. Proc., S 473.5, subd. (a).) The ...
2024.01.03 Motions to Deem RFAs Admitted, to Compel Responses 338
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.03
Excerpt: ...d; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Motions by Manco, Strauss, and Leeds as to Discovery propounded by each of them on Plaintiff Balwinder Kaur ("Kaur"): 1) to Deem the Matters Specified in Request for Admissions, Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3...
2024.01.03 Motion for Leave to File Complaint 016
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...sehold agreement with the defendants whereby they agreed to lease a single family residence located without Fresno County from defendants. The lease agreement was executed November 17, 2020. The lease included a move-in inspection sheet, notice of repair, and indemnity provisions. Plaintiff alleges that, on February 22, 2021, while residing upon the premises, she tripped and fell in a "defective portion" of the hal way, which caused serious injur...
2023.12.21 Motion for Leave to Intervene 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.21
Excerpt: ...intervene where the nonparty "claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties." (Code Civ. Proc., S 387, subd. (d)(1)(B).) Where the court finds the nonparty's interests are a...
2023.12.21 Motion for Attorney Fees 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.21
Excerpt: ...ter. Defendants The Dominion Courtyard Villas, Scott Ellis Enterprises LLC, Scott Ellis Enterprises LP, Barcelona Apartments, Casa Del Rio Apartments, Dartmouth Tower Apartments, Oxford Park Apartments, Reef Apartments, Scottsmen Apartments, Scottsmen Too Apartments, and Villa Faria Apartments (collectively "Defendants") object to the hourly rates sought, and some of the basis of the lodestar sought. Lodestar A court assessing attorney fees begin...
2023.12.21 Motion for Leave to File SAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...sion (a), "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding 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 j...
2023.12.21 Motion for Final Approval of Class Action Settlement 591
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...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 December 4, 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 November 18, 2024. Explanation: "Before final approval, the court mus...
2023.12.21 Motion for Preliminary Approval of Class Settlement 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.21
Excerpt: ... are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple Computer, Inc. (2001) 91 cal.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. (Luckeyv. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertif...
2023.12.21 Motion for Summary Judgment, Adjudication 003
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.21
Excerpt: ... aside or judgment is entered (i.e„ giving the defendant the right to appeal). (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.) Due process would not be served by allowing plaintiffs to give the defendant notice of a motion when defendant's right to defend herself regarding that motion had already been cut off. Further, Plaintiffs have already been told, via the court's Order Denying Application for Default Judgmen...
2023.12.21 Motion for Summary Judgment, Adjudication 234
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.21
Excerpt: ...ve and file supplemental opposition by the close of business on February 15, 2024. Defendant shall serve and file its supplemental reply by the close of business on February 22, 2024. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiff's claims for breach of express and implied warranties under the Song-Beverly Consumer Warranty Act. (Civil Code, S 1790, et seq.) Defend...
2023.12.21 Motion to Compel Responses, for Monetary Sanctions 100
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...(a).) Explanation: Defendant Anglican Diocese of San Joaquin's (hereinafter "Defendant) motions cannot be granted, because its service of the subject discovery: form interrogatories, special interrogatories and document requests and these motion papers is defective. Defendant indicates that it, through its former counsel Rayma Church of Church Law Group, Inc., served the subject discovery requests directly on plaintiff M.S. on September 1, 2022, ...
2023.12.21 Motion to Consolidate Actions 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.21
Excerpt: ... Osborn and Carolyn Michalle Barnes, individually and as Trustee of the Homer R. Osborn Living Trust, UTD December 4, 2008, seek an order consolidating the unlawful detainer acton (case number 23CECL08578) with the civil action (case number 22CECG03938) since otherwise the unlawful detainer acton would proceed to trial before plaintiffs' claim to own title to the property could be decided, and could result in the forfeiture of plaintiffs' own pro...
2023.12.20 Motion for Terminating and Monetary Sanctions 098
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20
Excerpt: ... 2023.030, subd. (d)(3).) To impose monetary sanctions in the amount of $2,030 against defendant Sandra Romero. Defendant Sandra Romero shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court or...
2023.12.20 Motion for Summary Judgment on Pleadings of FACC 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20
Excerpt: ...court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Initially the court notes that while the opposition is submitted on behalf of both plaintiff Bee Sweet and defendant/cross-complainant Style-Line, in light of the settlement and contingent assignment of Style-Line's cross-claims to plaintiff, in this tentatve ruling the court will refer to the opposing parties ...
2023.12.20 Motion for Relief to File Late Claim 198
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20
Excerpt: ..., 72.) Government Code section 911.2, subdivision (a) provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1775.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity to investigate while evidence i...
2023.12.20 Motion for Leave to Intervene in Action 360
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ...defendant in resisting the claims of a plaintiff." (Code Civ. Proc., S 387, subd. (b)(2).) "A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Code Civ. Proc., S 387, subd. (c).) "The court may, upon timely application, permit a nonparty ...
2023.12.20 Motion for Final Approval of Class Settlement 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ...eady 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. Settlement a. Legal Standards "When, a...
2023.12.20 Motion for Approval of Settlement 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ...ent thereon. Explanation: 1. Introduction under Labor Code section 2699, "[tlhe superior court shall review and approve any settlement of any civil acton filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that 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, re...
2023.12.20 Motion for Approval of Good Faith Settlement 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20
Excerpt: ...t debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Secton 1005." (Code Civ. Proc. S 877.6, subd. "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against...
2023.12.20 Demurrer to FAC and SAC 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.20
Excerpt: ...he demurrer to the complaint and first amended complaint are rendered moot by plaintiff's filing of the second amended complaint. The court intends to sign the proposed order lodged on July 20, 2023. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle acc:ident, contending that the complaint, first amended complaint, and second amended complaint fail to state cause of action, there is a nonjoi...
2023.12.20 Demurrer to FAC 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.20
Excerpt: ... the second, third, fifth, and sixth causes of action, with leave to amend. (Code Civ. Proc. S 430.10, subd. (e).) To overrule on all other grounds. (Code Civ. Proc. S 430.10, subd. (e), Plaintiff shall serve and file an amended complaint within 10 days of the date of service of this minute order by the clerk. All new allegations shall be in boldface. Explanation: Defendants Yamaha Golf-Car Company ("Yamaha") and Cart Star Motors, LLC ("Cart Star...
2023.12.19 Motion to Enforce Settlement 046
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.19
Excerpt: ...of Civil Procedure, section 664.6 provides in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. (Code Civ. Proc., S 664.6, subd. Here, the parties have a writing and litigation is still pending. The writing was c...

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