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2024.03.26 Motion to Compel Arbitration 434
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.26

Excerpt: ...epartm ent 403. Explanation: Defendant Future Clovis, Inc. dba Future Ford of Clovis (“Defendant”) moves for an order compelling plaintiffs SS Pro Flooring & Construction, Inc. and Saul Sanchez Medina (collectively “Plaintiffs”) to arbitration. A trial court is r equired to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc. § 1281.2) However, there is “no ...

2024.03.26 Demurrer to TAC, Motion to Strike 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.26

Excerpt: ...e Thir d Amended Complaint. (Code Civ. Proc. § 430.10, subd. (e).) To deny the motion to strike as moot. To set a hearing for Thursday, May 16, 2024, 3:30 p.m. in Department 502 to determine why a ﬁnal leave to amend should not be granted. A supplemental opposi tion and reply may be ﬁled in accordance with Code of Civil Procedure section 1005. Explanation: On November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hea...

2024.03.26 Demurrer 037
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.26

Excerpt: ... bold print . Should plaintiff elect not to amend, demurring defendant shall ﬁle responsive pleadings within twenty (20) days from the date of this order. If oral argument is timely requested, such argument will be entertained on Wednesday, March 27, 2024, at 3:30 p.m. Explanation: As explained previously, ownership of, or a right to possess, speciﬁc property is a necessary element of conversion and embezzlement. (Lee v. Hanley (2015) 61 Cal....

2024.03.26 Motion for Entry of Judgment 988
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.26

Excerpt: ...ure section 664.6, “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the sett...

2024.03.21 Motion to Tax Costs 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.21

Excerpt: ...ch 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. On September 15, 202 3, Plaintiff timely lodged a Memorandum of Costs. On October 2, 2023, Defendants timely ﬁled the instant motion to tax costs. Defendants object to each entry, in part, due to a lack of...

2024.03.21 Motion to Compel Arbitration and Stay Proceedings 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21

Excerpt: ...the mo tion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413- 414; Hotels Nevada v. L.A. Paciﬁc Ctr. , Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcio...

2024.03.21 Motion to Compel Arbitration 220
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21

Excerpt: ... ag reement 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 and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the...

2024.03.21 Motion to Adjudicate All Claims in Same Forum 940
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.21

Excerpt: ...elling Travelers Casualty and Surety Company of America (Doe 151), Western Surety Company (Doe 152), Fidelity and Deposit Company of Maryland (Does 153) and North American Specialty Insurance Company (Doe 154) (hereinafter “Surety Defendants”) to arbitrate the ﬁfth ca use of action with the claims previously ordered to arbitration or, in the alternative, to remove the claims subject to the arbitration agreement with their employer from arbi...

2024.03.21 Motion for Summary Judgment, Adjudication 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21

Excerpt: ...d to submit to this court, within ﬁve days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To deny Dr. Levine's motion. Explanation: The plaintiffs, Dr. Sarah Yost and Kelly Yost, sued two surgeons, Dr. Derek Taggard a nd Dr. Nicholas Levine, and Fresno Community Hospital and Medical Center dba Community Regional Medical Center and Community Health System ("CRMC") after Dr....

2024.03.21 Motion for Summary Judgment 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.21

Excerpt: ...laration is ruled upon as follows: Objection No. 4 is sustained for improper legal conclusion. Objection Nos. 5 and 8 are sustained for irrelevance and lack of foundation. Objection Nos. 9, 14 -16 are sustained for improper legal conclusion. Objection Nos. 10 -12 are su stained for lack of personal knowledge. Objection No. 17 is sustained for lack of foundation. Objection No. 18- 20 are sustained for lack of personal knowledge. Objection No. 21 i...

2024.03.21 Demurrer, Motion to Strike 296
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.21

Excerpt: ..., with leave to amend. Plaintiff shall serve and ﬁle his ﬁrst amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer First, to the extent that plaintiff seeks to state a clai m against defendant William Smittcamp, he has not alleged any facts showing that he was employed by Mr. Smittcamp, had a contractual or other relationship with him, or that Mr. Smittcamp did ...

2024.03.20 Motion for Waiver of Bond Requirement 672
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.20

Excerpt: ... to stay e nforcement of the money judgment against them individually together with their employer the County of Fresno. “Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgm ent or order is for any of the following: [¶] (a) Money or the payment of money … .” (Code Civ. Proc. § 917.1, subd. (a).) Code of Civil Procedure section 995.220, states in re...

2024.03.20 Motion to Compel Arbitration and Stay Proceedings 945
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.20

Excerpt: ...t 17, 2023, the court sustains the objections to Exhibit A and the reference to the same in paragraph 6. The court overrules the objection to paragraph 5. Regarding the Declaration of Martin Martin ﬁled February 7, 2024, the court overrules the objections to p aragraphs 3 and 7, but sustains the objections to paragraphs 4 -6 and Exhibit A. Arbitration Agreement Under the Federal Arbitration Act (“FAA”), A written provision in … a contract...

2024.03.20 Motion to Compel Deposition, for Sanctions 127
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.20

Excerpt: ...Person Mo st Qualiﬁed and Custodian of Records, dated November 16, 2023, and produce all documents as described in Exhibit A thereto. The deposition shall occur within seven days of service of the order by the clerk. To impose sanctions in the amount of $1,410 in f avor of plaintiffs Samantha Negrete -Cruz and Tomas Cruz and against defendant General Motors, LLC. Within 30 days of service of the order by the clerk, defendant General Motors, LLC...

2024.03.20 Motion to Compel Further Responses, for Judgment on the Pleadings 550
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.20

Excerpt: ...e “tantamoun t to no responses at all[]” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636), plaintiff's oppositions to the subject discovery motions notes that the veriﬁcations were served with the attendant oppositions – a representation not challenged in t he replies. Monetary sanctions are typically awardable under such circumstances. (See Cal. Rules of Court, rule 3.1348(a); Sinaiko Healthcare Consulting, Inc. v. Paciﬁc He...

2024.03.20 Motion to Quash Third Party Subpoena 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.20

Excerpt: ...f a d eposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire cting compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate ...

2024.03.19 Motion to Strike 287
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.19

Excerpt: ...March 20, 2024, at 3:30 p.m. Explanation: Defendant Jeffrey Doc Baker (“Defendant”) moves to strike paragraph 74, of the fourth cause of action as a survival action, and the prayer for punitive damages of the Consolidate First Amended Complaint (“CFAC”).1 Defend ant contends that the CFAC fails to state sufficient facts to support the claim for punitive damages as to him. Pleadings are to be construed liberally with a view to substantial ...

2024.03.19 Motion to Deem Truth of Facts, for Monetary Sanctions 471
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19

Excerpt: ... this o rder, with the time to run from the service of this minute order by the clerk. The matters speciﬁed in plaintiff's Requests for Admission, Set One, propounded on defendant Jose Lopez dba Jose's Lawns (“defendant”) are deemed admitted, unless defendant se rves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with the Code of Civil Procedure, section 2033.220. Defendant shall ser...

2024.03.19 Motion to Compel Initial Responses, for Sanctions 056
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.19

Excerpt: ...Custom Chopping, LLC for an Order Deeming Admissions by Plaintiff Telmo Coelho to Request for Admissions, Set One, and Request for Sanctions (3) By Defendant Kyle Brock for an Order Compelling Initial Responses from Plaintiff Telmo Coelho to Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and Request for Sanctions (4) By De...

2024.03.19 Motion for Summary Judgment, Adjudication 859
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19

Excerpt: ...ng (“DEFH”) issued a right to sue notice on July 6, 2021, which required plaintiff to commence a court action within one year from that date. Plaintiff has provided competing evidence, however, demonstrating that DFEH issued a right to sue notice on July 8, 2022 whic h addressed previous as well as newly alleged incidents. Measured from the July 8, 2022 right to sue notice, plaintiff's complaint is timely. Yet, Neil Jones' reply brief does no...

2024.03.19 Motion for Summary Judgment 678
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.19

Excerpt: ... argument will be entertained on Wednesday, March 20, 2024, at 3:30 p.m. Explanation: Plaintiff, a student dismissed from the California Health Sciences University College of Osteopathic Medicine (“CHSU”), alleges a single cause of action for violation of Education Code section 94367, subdivision (a), which provides, No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions so...

2024.03.19 Demurrer 241
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.19

Excerpt: ...nty Superior Co urt. Horizon Nut, LLC, Horizon Growers Cooperative, Inc., and Joel Perkins ﬁled a demurrer challenging the ﬁrst cause of action for equitable indemnity on the grounds that it seeks equitable indemnity for an alleged third- party breach of contract and violates public policy. The court agrees with the latter ground and intends to sustain the demurrer. In the ﬁrst cause of action for equitable indemnity, Nutrien alleges that H...

2024.03.19 Application for Writ of Possession 321
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.19

Excerpt: ...McMillin”). On ﬁling the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. § 511.010 et seq.) The plaintiff must ﬁle a written application, executed under oath and must include: (1) a showing of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim is based on a written instrument, a copy of that instrument mu...

2024.03.14 Motion for Summary Judgment, Adjudication 924
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14

Excerpt: ...ts shall submit a proposed judgment consistent with the court's ruling within ten (10) days from the date of this order. Explanation: Summary Judgment A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the initial burden of product...

2024.03.14 Demurrer 506
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...ff in this case, Jose Rios Garcia, alleges a single cause of action against the County of Fresno (the "County") for premises liability arising from an accident that occurred when he bumped into a glass window and cut his eye after previously undergoing eye s urgery. Grounds for Demurrer The County demurs generally on the ground that the plaintiff fails to state a cause of action because: (1) under Government Code section 945.6, he failed ...

2024.03.14 Demurrer, Motion to Strike 281 (2)
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14

Excerpt: ...nt (the "FAC") that he purchased a 2018 Chevrolet Silverado (the "Vehicle") on April 5, 2019. The plaintiff 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 pub...

2024.03.14 Motion for Attorney Fees 887
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.14

Excerpt: ...ivers Alliance (NCRA), et al.'s, motion for attorney's fees, in the amount of $84,837.98. To grant defendants California Water Impact Network (CWIN), et al.'s, motion for attorney's fees, in the amount of $8,985.00. To grant defendants County of San Jo aquin and County of Trinity's motion for attorney's fees, in the amount of $87,465.00. Explanation: All three sets of defendants have moved for supplemental attorney's fees under Code of Civil Proc...

2024.03.14 Motion for Attorney Fees, to Tax Costs 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...n 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 reas onably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to mak...

2024.03.14 Motion for Judgment on the Pleadings, for Preliminary Injunction 740
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14

Excerpt: ...: Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Doug...

2024.03.14 Motion to Resolve Lien 335
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...aid progra m, administered by the Department of Health Care Services (DHCS or Department). (42 U.S.C., § 1396a.) When a Medi -Cal beneﬁciary is injured and medical expenses are paid on their behalf, DHCS may assert a lien on a personal injury settlement. However, w here the Medi -Cal beneﬁciary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount ...

2024.03.14 Motion to Amend Answer 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.14

Excerpt: ...ays of service of the order by the clerk. Explanation: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberal ly to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Here, however, the motion fails to comply with the Rules of Court, and se...

2024.03.14 Motion to Approve Revised PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14

Excerpt: ...ttorney F ee Split Agreement. To approve the requested settlement administration fees of $4,250 to Phoenix Class Action Admiration. Explanation: Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governm ent itself, a judgment in that action binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government. The act author...

2024.03.14 Motion to Enforce Settlement Agreement and Enter Judgment, for Attorney Fees 071
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14

Excerpt: ...te, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “If the court determines that the parties entered i...

2024.03.14 Motion to Expunge Lis Pendens 019
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14

Excerpt: ... Offi ce. Defendants' counsel is to prepare proposed orders for the court to include this information, which shall be provided by plaintiff's counsel. To grant defendants attorney's fees in the sum of $2,063.75. (Code Civ. Proc., § 405.30.) Plaintiff shall pay the attorney's fees to defendants' attorney within 30 days of service of the order by the clerk. Explanation: A lis pendens may be expunged on the grounds of 1) a void and invalid lis pend...

2024.03.14 Motion to Resolve Lien 875
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...aid on thei r behalf, DHCS may assert a lien on a personal injury settlement. However, where the Medi -Cal beneﬁciary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount o f Medi-Cal beneﬁts provided in comparison to the full amount of the beneﬁciary's damages. DHCS may only recover “that portion of a settlement that represents payments for me...

2024.03.14 OSC Re Contempt 230
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14

Excerpt: ...process of the court' constitutes contempt. (Code Civ. Proc., § 1209, subd. (a)(5).)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. [Citation.]” (Ibid.) The contemnor must also be served with the Order to Show Cause (“OSC”) for Contempt in th...

2024.03.13 Demurrer to SAC 760
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.13

Excerpt: ...f the second amended complaint with leave to amend. The plaintiff is granted leave of 10 days to ﬁle his ﬁrst amended complaint, which will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: The plaintiff, Joshua Spengeman, ﬁled his complaint in this action on September 6, 2022, to recover for harassment, discrimination, retaliation, and assault he experienced on his job as an employee...

2024.03.13 Motion for Leave to File SAC 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.13

Excerpt: ...er second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: “ ‘Code of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has r eceived a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted de...

2024.03.13 Motion for Reconsideration 148
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.13

Excerpt: ... d that there is no need to suspend or revise the Orders entered on December 20, 2023. Explanation: The Notice of Attorney's Charging Lien was overlooked by the court when it initially reviewed the three Petitions, and by the time petitioners' attorne y ﬁled a late Response on December 18, 2023, the court's Tentative Ruling had already been posted on the Tentative Ruling document that was published on December 19, 2023. So this was also overloo...

2024.03.13 Motion for Reconsideration 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.13

Excerpt: ...ant Est ate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. To deny plaintiff's motion to deem requests for admissions admitted. (St. Mary v. Superior Court (2014) 223 C al.App.4th 762, 776.) To impose monetary sanctions in favor of plaintiff and against defendant Estate of Mine, LLC. (Code Civ. Proc. §§ 2023.010, subd. (d), 2030.290, subd. (c), 2031....

2024.03.13 Motion to Compel Arbitration 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13

Excerpt: ...reed 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 H ealth Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. (“Honda”) moves to compel arbitration of plaintiffs' action pursuant to an arbitration cla...

2024.03.13 Motion to Compel Arbitration and Stay Proceedings 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13

Excerpt: ...�� a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enf orceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ensuring that private arbitr...

2024.03.13 Motion to Expunge Lis Pendens 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.13

Excerpt: ... interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “In proceedings under this chapter, the court shal l order the notice expunged if the court ﬁnds that the pleading on which the notice is based does not contain a real property claim.” (Code Civ. Proc., § 405.31.) In addition, “the court shall order th...

2024.03.12 Motion to Strike Punitive Damages from SAC 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12

Excerpt: ...gations shall be in boldface. Explanation: Defendant General Motors, LLC (“Defendant”) moves to strike the prayer for punitive damages from the Second Amended Complaint (“SAC”).1 Defendant argues that punitive damages are not authorized under the Song -Beverly Consumer Warranty Act, and unsupported by the allegations to satisfy Civil Code section 3294. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively “Plaintiffs”) ag...

2024.03.12 Motion to Strike Answer 553
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.12

Excerpt: ... -day lea ve to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: Defendant MB, a limited liability company, ﬁled its Answer to the Complaint on December 12, 2022. The answer was si gned by legal counsel at that time, but on December 20, 2022 MB ﬁled a substitution of attorney, relieving its former attorney as counsel and substituting itself as legal representative. ...

2024.03.12 Motion to Enter Corrected Judgment of Partition 620
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12

Excerpt: ...to enter a corrected judgment because the original judgment incorrectly states that defendant Charmla Capanaro has a 3.5% interest in the property, when in fact she has a 4% interest. Also, Charmla has now passed away, so the judgment needs to be corrected to substitute her testate and intestate successors as the property owners in her place. The court does have the power to correct clerical errors in its judgment. (In re Goldberg's Estate (1938)...

2024.03.12 Motion to Compel Arbitration 160
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.12

Excerpt: ...oes not dispute that there exists an agreement to arbitrate, and that its cross- claims fall within the scope of the agreement. (Clark Decl., Exh. 1, ¶ 23.) In fact, the cross- claims were previously asserted by Joesclub in arbitration before LMI ﬁled the C omplaint in this unlimited civil action. The arbitration proceeding was closed for lack of payment of on the retainer fee by Joesclub. (Clark Decl., Exh. 4.) Accordingly, the basic criteria...

2024.03.12 Demurrer, Motion to Strike to FAC 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12

Excerpt: ... acti on and the prayer for attorney's fees. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the general demurrer to the sixth and seventh causes of action. (Code Civ. Proc. § 430.10, subd. (e).) 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. To deny the motion to strike. To grant defendant's request...

2024.03.12 Demurrer to SAC, Motion to Strike 774
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.12

Excerpt: ...o the Second Amended Complaint. The time in which the answers can be ﬁled will run from service by the clerk of the minute order. To sustain the demurrers by both defendants as to the second cause of action, without leave to amend. Defendants are directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the second cause of action as to both defendants. To grant the motion to strike the prayer...

2024.03.12 Demurrer to SAC 431
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.12

Excerpt: ...n: Defendant demurs to the third cause of action for fraud on the ground that plaintiff fails to state facts sufficient to state a cause of action. Stating a Fraud Cause of Action “ ‘The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justiﬁable ...

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