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2023.12.19 Motion to Deem RFAs Admitted, for Monetary Sanctions 772
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.19
Excerpt: ...ative Ruling: To deny defendant Admiral Insurance Company's ("Admiral") motions for an order deeming requests to admit truth of facts against plaintiff Shaw Creek Homeowners Association admitted, and to compel plaintiff's responses to Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, since plaintiff responded to the discovery requests on August 18, 2023. To award monetary sanctions ...
2023.12.19 Motion to Approve PAGA Settlement 736
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.19
Excerpt: ...ffected." (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Labor Code secton "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 tme that it is submitted to the court." ) [A1 trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGAls purposes to r...
2023.12.19 Motion for Summary Judgment 829
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.19
Excerpt: ...the First Amended Complaint, which will run from service by the clerk of the minute order. Explanation: Defendant SMART Sheet Metal Workers' Local Union No. 104 moved for summary judgment of plaintiff Earl Riley's complaint on the basis that there is no triable issue of material fact and defendant is entitled to judgment as a matter of law. The operative complaint was filed on March 16, 2022. Defendant filed its answer generally denying the alleg...
2023.12.19 Motion for Leave to File TAC 856
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.19
Excerpt: ... defendants whereby credit was given based upon the value of their used car lot inventory value secured by the title certificates of those vehicles until sold or for 120 days, which ever occurred first, at which time the loan was to be paid off. The loan agreement was secured by a promissory note, vehicle collateral, a personal guarantee, and a surety bond. Plaintiff alleges that defendants failed to perform. Plaintiff filed its original complain...
2023.12.14 Motion for Summary Judgment, to Quash Subpoena, for Protective Order 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.14
Excerpt: ...ity Fruit Company, Inc. or, in the alternative, for a Protective Order Tentative Ruling: To deny the motion for summary judgment. To deny the motions to quash the deposition on Union Bank and U.S. Bank. To deny the motion to quash the deposition subpoena on Trinity Fruit Company, Inc. To deny the alternative relief sought for a protective order limiting the subject matter of the production. To deny every request for sanctions. To direct the parti...
2023.12.14 Motion for Summary Judgment, Adjudication 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.14
Excerpt: ...portation Authority's Request for Judicial Notice Tentative Ruling: To grant respective requests for judicial notice. To grant motion for summary judgment. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Each request for judicial notice was unopposed. The matters of which judicial notce was requested to be taken consis...
2023.12.14 Motion for Summary Judgment 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.14
Excerpt: ...well as attorneys' fees under the franchise agreements. On 2/11/21 the court granted DDR's ex parte application for temporary restraining order and OSC re preliminary injunction. On 3/30/31 the court granted a preliminary injunction prohibitng plaintiff from displaying certain signage in his Deli Delicious restaurants, purchasing or serving bread from unapproved vendors, serving food in unapproved packaging, and required defendant to display requ...
2023.12.14 Motion for Preliminary Approval of Class Action and Representative Action Settlement 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.14
Excerpt: ..., rule 3.1113(d). Rule 3.1113(e) requires a party to obtain permission to file a brief exceeding 15 pages. Here, plaintiffs' counsel did not obtain leave of court to file a monumentally oversized brief. "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, rule 3.1113(g).) Thus, the court has discretion to disregard excessively long briefs filed with...
2023.12.14 Demurrer, Motion to Strike 017
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.14
Excerpt: ...h Cause of Acton: Plaintiff has agreed to dismiss the fraud claim from the First Amended Complaint. Therefore, the court intends to sustain the demurrer to the sixth cause of action for failure to state facts sufficient to constitute a cause of action, without leave to amend. Demurrer to Eighth Cause of Action: Defendant contends that plaintiff's cause of action for intentional infliction of emotional distress fails to allege sufficient facts to ...
2023.12.13 Demurrer 675
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.13
Excerpt: ...l demurrer on claims that "[t]he pleading does not state facts suffcient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 ["'A demurrer can be utilized where the complaint itself is incomplete [Citations.l"].) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Transit Dist. (...
2023.12.13 Demurrer, Motion to Strike 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.13
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...
2023.12.13 Motion for Terminating Sanctions 348
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.13
Excerpt: ...tricken. Plaintiff may file the requests to enter defendants' defaults on the required Judicial Council forms. Explanation: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure secton 2023.010, subdivision (g), makes "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctons are only authorized to the extent permi...
2023.12.13 Motion to Compel Further Responses 461
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.13
Excerpt: ...iate Athletic Ass'n (1994) 7 Cal.4th 1, 26.) To grant the motion to compel further responses to Form Interrogatories, Set One, as to Request Nos. 1.1, 3.3, 3.6, 4.1, 4.2, and 15.1, and to deny as to Request Nos. 50.1-50.5. (Code Civ. Proc., S 2031.310, 2030.300.) Defendant shall serve verified supplemental responses without objections as specified above within 30 days of the date of service of this order. Explanation: Plaintiff moves to compel de...
2023.12.13 Motion to Compel Responses, to Deem RFAs Admitted 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.13
Excerpt: ...guez's moton to compel defendant Estate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, unless evidence is submitted of Defendant's responses having been on served December 6 and 8, 2023. To grant plaintiff's motion to deem requests for admissions admitted, unless evidence is submitted of Defendant's responses to the requests for admission having been s...
2023.12.13 Motion to Enforce Settlement Agreement 568
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.13
Excerpt: ...008) 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 terms].) Furthermore, "[w]hen parties intend that an agreement be binding, the fact that a more formal agreement must be prepared and executed does not alter the validity of the [oral] agreement." (Blix Street Records, Inc. v. Cassidy...
2023.12.13 Motions to Compel Responses, for Monetary Sanctions 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.13
Excerpt: ...tories, Set One and Request for Production of Documents, Set One, and to Establish Admissions Propounded on Defendant Samat Sok Kim and Request for Monetary Sanctions Tentative Ruling: To grant all motions. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) Within 20 days of service of the order by the clerk, defendants Jung Jay H. Kim and Samat Sok Kim shall serve objection-free responses to Form Interrogatories, Set One, and Request for Produc...
2023.12.12 Motion to Enforce Settlement, to Strike Costs 086
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.12
Excerpt: ...n: Enforce Settlement "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... The court retains jurisdiction to enforce a settlement under the statute even after a dismissal, but only if the parties requested such a retention of jurisdiction before the dismissal. Such a request must be made either in a writing signed by the parties or ora...
2023.12.12 Motion for Determination of Contractual Provision 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.12
Excerpt: ...elease in a related matter to the present action. Plaintiffs seek this relief pursuant to Code of Civil Procedure section 187, which grants a trial court the inherent authority to control litigation procedure. In seeking to invoke the trial court's inherent authority, Plaintiffs submit that a waiver provision in a related matter may be applicable to the present matter. The waiver provision purports to be a settlement agreement between Plaintiffs ...
2023.12.12 Demurrer 708
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.12
Excerpt: ...of the minute order. New Allegations/language must be set in boldface type. Explanation: Cross-defendant Najeeb K. Ansari, M.D. demurs to each cause of action in crosscomplainant Clinica Sierra Vista's Cross- Complaint on the basis that each fails to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. The first and second causes of action are for equitable indemnity and comparative equitable indemnity, respectively,...
2023.12.07 Motion to Compel Further Responses, for Monetary Sanctions 624
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.07
Excerpt: ...for sanctions against defendant. To grant defendant's request for monetary sanctions against plaintiff and his attorney, in the amount of $440. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: under Code of Civil Procedure sections 2030.300, subdivision (c), and 2031.310, subdivision (c), unless notice of the motion to compel further responses is given within 45 days of the service of th...
2023.12.07 Motion for Summary Judgment, Adjudication 761
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.07
Excerpt: ...liction of emotional distress, among others, all of which took place at the residence and with knowledge of the other defendants. Defendants Ravinder, Harbans and Parmjit Taggar ("Parents"), and Sahara SRL, Inc. ("Sahara SRL") now move for summary judgment, or in the alternative for summary adjudication. The Complaint asserts the following causes of action: 1. Sexual Battery (Civ. Code, S 1708.5) against Ravinder; 2. Domestic Violence (Civ. Code,...
2023.12.06 Petition for Relief from Claim Filing Requirement 925
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.06
Excerpt: ...days of the date of the service of this minute order. (Govt. Code, S 946.6, subd. (f).) Explanation: Petitioners Eileen and John Quinto petition to the court for relief from government claim filing requirements pursuant to Government Code, secton 946.6 on the ground that there was excusable neglect for the untimely filing of their government claims. Unless otherwise provided for, no suit for money or damages may be brought against a government en...
2023.12.06 Motion to Compel Responses, for Monetary Sanctions 966
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.06
Excerpt: ...ories (Set One), and Request for ProducŸon of Documents (Set One). Cross-complainant Emory Merin is ordered to serve veriÞed responses, without objecŸons, to cross-defendant within 30 days of service of the minute order by the clerk. To grant monetary sancŸons against cross-complainant in the total amount of $780. Monetary sancŸons are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. E...
2023.12.06 Motion to Approve PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.06
Excerpt: ...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. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative action i...
2023.12.06 Motion for Terminating Sanctions, to Strike Answer, to Compel Initial Responses 405
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.12.06
Excerpt: ... method of discovery and disobeying court order to provide discovery. The clerk is directed to enter the defaults of Joshua Mitchell and JDM Landscape, Inc. To take the motion to compel and motion to strike off calendar as moot in light of the grant of terminating sanctions. Explanation: On 6/21/23, the court granted plaintiffs' motion to compel JDM Landscape, Inc., to serve verifications to Form Interrogatories, Set One, and Request for Producti...
2023.12.06 Motion for Preliminary Injunction 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.06
Excerpt: ..., consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procu...
2023.12.05 Motion for Summary Judgment, Adjudication 451
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.05
Excerpt: ...se the curb on which she tripped was not a dangerous condition, or even if it was, it was an open and obvious condition and thus defendant had no duty to warn plaintiff of it or remedy the condition. However, the question of whether a condition is dangerous, and whether it is open and obvious, is generally an issue of fact for the jury to decide. "Civil Code secton 1714, subdivision (a), provides in relevant part: 'Every one is responsible, not o...
2023.12.05 Demurrer, Motion to Strike 606
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.05
Excerpt: ... page 18, line 6; page 19, lines 7-12; and page 19, line 28, with leave to amend. (Code Civ. Proc., S 436; Civ. Code, S 3294.) Plaintiff is granted 20 days' leave to file the second amended complaint. The tme to file the second amended complaint will run from service by the clerk of the minute order. All new allegations in the second amended complaint are to be set in boldface type. Explanation: Retaliation: Defendants, India Oven, Inc., Gurdev S...
2023.11.30 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.30
Excerpt: ... defendant SWH Mimi's Café', LLC to respond to the second set of form interrogatories, without objections. Defendant shall serve verified responses without objections within 10 days of the date of service of this order. To grant the motion to deem SWH Mimi's Café, LLC to have admitted the truth of the matters and the genuineness of all documents in the requests for admissions. Defendants are deemed to have waived all objections to the requests ...
2023.11.30 Motion to Compel Responses, for Monetary Sanctions 267
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.30
Excerpt: ...� General, Set One, and Requests for Production of Documents, Set One, and Request for Monetary Sanctions 3) Plaintiff's Moton to Compel Attendance of Defendant Joshua O'Bannon at his Deposition and Request for Monetary Sanctons * *If timely requested, oral argument will be heard on Thursday, December 7, 2023, at 3:30 p.m. in Department 502* * Tentative Ruling: To grant all motions. Within 20 days of service of the order by the clerk, defendants ...
2023.11.30 Motion for Summary Judgment, Adjudication 507
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.30
Excerpt: ...it or that there is no defense to the achon or proceeding." (Code Civ. Proc., S 437c, subd. (a).) The court must determine from the evidence presented that "there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law ..." (Code Civ. Proc., S 437c, subd. (c).) "The workers' compensation exclusivity rule is the rule, embodied in [Labor Code sections et seq.l, that with certain exceptions, a...
2023.11.30 Motion for Summary Judgment, Adjudication 013
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...in's lymphoma ("NHL"), while employed by BNSF Railway Company. As applicable here, plaintiff seeks to hold Monsanto Co. responsible for his NHL, asserting eight claims against it: (1) strict liability failure to warn; (2) strict liability — design and manufacturing defect; (3) breach of express warranty; (4) breach of implied warranty; (5) negligence; (6) negligent misrepresentation; (7) fraud (intentional misrepresentation); and (8) fraud by c...
2023.11.30 Motion for Summary Judgment 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.30
Excerpt: ...fendant's second summary judgment motion after the court denied its first motion. In both motions, defendant inexplicably contends plaintiffs "do not allege that Lifeway improperly invoked its early termination rights underthe lease. I' (Def.'s mem., at 1:21; see also mem. filed 2/7/23 at 1:21-22.) Yet, plaintiffs allege exactly that "Defendant (Lifeway) attempted to avoid its obligation to make lease payments ... by improperly, and in bad faith,...
2023.11.30 Motion for Sanctions, Attorney Fees 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.30
Excerpt: ... unopposed and granted) motion to set aside a default was epically unprofessional and abhorrent. (See Rules Prof. Conduct, rules 3.1(a)(1), 3.2 and 8.4(a).) That truism aside, the court must now decide whether sanctions and attorneys' fees should be awarded against plaintiff and its counsel. Actons or tactics undertaken in bad faith which are frivolous and intended solely to cause unnecessary delay constitutes sanctionable conduct. (Code Civ. Pro...
2023.11.30 Motion for Final Approval of Class Settlement 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.30
Excerpt: ...nting Final Approval of Class Settlement which was filed late on November 28, 2023. To set a status conference for Wednesday, May 22, 2024, 3:30 p.m. in Department 501. Explanation: 1. Class Certification On February 15, 2021, the class was certified. 2. Settlement a. Legal Standards "[lln the final analysis it is the Court that bears the responsibility to ensure that the reccwery represents a reasonable compromise, given the magnitude and appare...
2023.11.30 Demurrer, Motion to Strike FAC 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...alian shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of achon for "Fraudulent Inducementconcealment" on the basis that it is barred by the three-year statute of limitations. (Code Civ. Proc. S 430.10, (e).) Plaintiff purchased a 2017 GMC Sierra 1500 truck on April 19, 2017 and this action was...
2023.11.30 Demurrer 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.30
Excerpt: ...ause of action on the ground that defendant cannot ascertain whether the contract is written, oral or implied by conduct. (Code Civ. Proc. S 430.10, subd. To sustain the general demurrer to each cause of action, on the ground that each of them fails to state facts sufficient to adequately state a cause of action. (Code Civ. Prcyc., S 430.10, subd. (e).) Plaintiff is granted 30 days' leave to file the first amended complaint, which will run from s...
2023.11.30 Application for Writ of Possession 044
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...notice of this proceeding. A writ of execution may be obtained through an ex parte application, however, "a taking such as that inwlved in claim and delivery procedure violates due process if it occurs prior to a hearing on the merits unless justified by weighty state or creditor interests." (Blair v. Pichess (1971) 5 Cal.3d 258, 278; see also Sea Rail Truckloads, Inc. v. Pullman, Inc. (1982) 131 Cal.App.3d 511, 515 ["An ex parte writ of possessi...
2023.11.30 Special Motion to Strike 299
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.30
Excerpt: ...on: Defendant's Procedural Objections: First, to the extent that defendant argues that the court should refuse to hear the merits of the moton to strike because of various procedural defects, the court will overrule the objections and hear the merits of the motion. Defendant argues that the motion was not properly served on defense counsel by electronic delivery, as plaintiff served the motion on the wrong email address. However, defendant has wa...
2023.11.29 Application for Writ of Possession 321
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.29
Excerpt: ...operty alleges is in the possession of defendant Colby McMillin ("Defendant"). On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. S 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showng of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim i...
2023.11.29 Petition to Coordinate Add-on Case 241
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.29
Excerpt: ...granted. The plaintiffs in the coordinated actions are owners and operators of pistachio orchards in the Central Valley. They allege that in the spring or summer of 2020 they applied to their pistachios the insecticide imidaclopris, manufactured by defendants Bayer, Albaugh, Rotan, Nutrien Ag Solutions, Inc., and Loveland Products, Inc. Plaintiffs thereafter delivered their 2020 pistachio crops to Horizon Nut Company, who informed plaintiffs that...
2023.11.29 Motion to Quash Service of Summons 057
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.29
Excerpt: ...intiff to name said defendant by a fictitious name and later amend the complaint to substitute the true name of the defendant. (Code Civ. Proc., S 474.) When plaintiffs filed their Complaint on January 7, 2021, they were purportedly unaware of several defendants' names. Six months later, on July 16, 2021, they filed three amendments to the Complaint naming Justin Bell, Martin Padilla and Nicholas Palomino. On July 18, 2023, two and a half years a...
2023.11.28 Motion to Strike Attorney Fees 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.28
Excerpt: ...thin twenty (20) days from the date of this order. Explanation: A "contract may impliedly as well as expressly permit [l recovery" of attorneys' fees. (Citizens Suburban Co. v. Rosemont Development Co. (1966) 244 Cal.App.2d 666, 683 (Citizens).) However, "[alttorney fees cannot be allowed a successful litigant without pleading and proof that there is a contract provision for them[]" (Ibid), and a demand for judgment not supported by allegations c...
2023.11.28 Motion to Reinstate Filing Date of Certificate of Merit 708
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.28
Excerpt: ...f electronically filed his Complaint and Certificates of Merit by counsel and by a mental health practitioner in compliance with Code of Civil Proc:edure section 340.1. The filing was accepted by the court. On March 20, 2023, the court filed and served a Notce of Striking/voiding of Filed causing the Certificates of Merit filed on November 22, 2022, to be wided. The notice did not provide an explanaton for why the documents were voided, only that...
2023.11.28 Motion to Compel Responses, for Monetary Sanctions 272
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.28
Excerpt: ...ified responses, without objections, to the defendant's Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production, Set One, no later than 15 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To award monetary sanctions in the total amount of $842.50 in favor of the defendant, Delno Terrace, lnc„ and against the plaintiff, Latanisha Lark, payable with...
2023.11.28 Motion for Preliminary Class Settlement Approval 138
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.28
Excerpt: ...n Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple computer, Inc. (2W1) 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...
2023.11.28 Demurrer, Motion to Strike 499
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.28
Excerpt: ...gation "for poor performance." To grant the motion to strike part of paragraph 22, page 5, lines 21- 27, starting with "However..." and ending with "...co-owned." To grant the motion to strike part of paragraphs 40 and 73, specifically the allegation "Since the 1940s." To deny the rest of the moton to strike. To deny leave to amend. Explanation: Demurrer: Plaintiffs first argue that the defendants' quiet title claims all fail to state valid cause...
2023.11.28 Demurrer to SAC 007
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.28
Excerpt: ... file an Answer within ten days of service of the minute order by the clerk. Explanation: On June 30, 2022, plaintiff filed suit against defendants California Department of State Hospitals ("CDSH"), Robert Withrow, and Brandon Price. On September 13, 2023, following the sustaining of a demurrer and granting of a motion to strike, plaintiff filed a Second Amended Complaint ("SAC") containing four causes of action: (1) violation of whistleblower pr...
2023.11.28 Demurrer to FAC 186
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.28
Excerpt: ...A complaint showing on its face the cause of action is barred by the statute of limitations is subject to general demurrer." (Iverson, Yoakum, Papiano & Hatch v. Berwa d (1999) 76 Cal.App.4th 990, 995, citaton omitted.) A demurrer based on the statute of limitations is properly brought as a general demurrer for failure to state facts sufficient to constitute a cause of achon even though the section 430 does not mention the statute of limitation a...
2023.11.28 Application for Entry of Court Judgment 074
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.28
Excerpt: ...shall examine into and determine the plaintiff's title against the claims of all the defendants, and require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants. Civ. Proc. S 764.010.) A plaintiff seeking to quiet title shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought. (Code Civ. S 762.010...
2023.11.16 Motion for Limited Discovery, Anti-SLAPP to Strike 210
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.16
Excerpt: ...ry Defendants/cross-complainants request the court continue the special motion to strike their cross- complaint so that they may conduct limited discovery. They argue that they have propounded discovery on plaintiff/cross-defendant regarding the issues of whether plaintiff/cross-defendant has made defamatory statements outside of her complaint and where plaintiff/cross-defendant lived and worked since 2015. Code of Civil Procedure section 425.16,...
2023.11.16 Demurrer, Motion to Strike FAC 370
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.16
Excerpt: ... days leave to amend which will run from service by the clerk of the minute order. New allegations/language must set in boldface type. To grant defendant's request for judicial notice. The court will take notice of its own records in the instant and related probate cases (defendant's Exhibits A through F) for the fact of the filing of each but not for the truth of the matters stated therein. If oral argument is timely requested, such argument wil...
2023.11.16 Special Motion to Strike Complaint 734
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.16
Excerpt: ...2003) 113 Cal.App.4th 181, 186.) The court engages in a two-step process in determining whether an action is subject to the anti- SLAPP statute: first, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. If the court finds such a showing has been made, it then determines whether plaintiff has demonstrated a probability of prevailing on the claim. (Code Civ. P...
2023.11.16 Motion to Change Venue 070
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.16
Excerpt: ...iled the action in the wrong county, as defendants reside in Sacramento and the contract was entered into and was to be performed in Sacramento. Under Code of Civil Procedure section 395, subdivision (a), "[elxcept as otherwise provided by aw and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the act...
2023.11.16 Motion to Compel Joinder of Omitted Plaintiff 448
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.16
Excerpt: ...est in the insurance policy limit available to settle claim against her. (Code Civ. Proc., S 389, subd. (a)(2).) under Code of Civil Procedure section 389, subdivision (a), A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2)...
2023.11.16 Motion to Compel Responses 332
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.16
Excerpt: ... will be made, and the papers, if any, upon which it is to be based." (Code Civ. Proc., S 1010.) "A notice of moton must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order." (Cal. Rules of Court, rule 3.1110(a).) Here, defendant Jose Preciado has reserved a date and time for hearing for one motionl and served a notice of motion providing as follows: NOTICE IS HEREBY GIVEN that defendant J...
2023.11.15 Motion to Compel Deposition of PMQ 650
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.15
Excerpt: ...in that Notice of Deposition as set forth herein, except with respect to Request nos. 14-18. Explanaton: Code of Civil Procedure section 2025.280 provides, in relevant part: "The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or employee of a party to attend and to testify as well as to produce any document for inspection and copying." (Code Civ. Proc., S 2025.280, subd. Cod...
2023.11.15 Motion to Approve PAGA Settlement 736
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.15
Excerpt: ... of the settlement of plaintiff's action for PAGA penalties against defendant set forth in its February 23, 2023 ruling. However, the request for one-third of the gross settlement to be awarded as attorney's fees remains unsupported. The court intends to perform a lodestar calculation to double check the reasonableness of the fee request. (Laffitte v. Robert Half Internat. (2016) 1 Cal.5th 480, 504- 506.) Labor Code section 2699, subdivision stat...
2023.11.15 Demurrer, Motion to Compel Compliance with Deposition Subpoena for Business Records 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.15
Excerpt: ...aint (SAC), without leave to amend. To deny plaintiff Matthew Hiatt's moton to compel Child Protectve Services to comply with the deposition subpoena for business records, without prejudice. Explanation: Defendant School District's 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 sta...
2023.11.14 Demurrer, Motion to Strike Punitive Damages 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.14
Excerpt: ...Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and file an 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 fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively "Plaintiffs"). ...
2023.11.14 Motion for Leave to Intervene 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.14
Excerpt: ...or (b). The supplemental briefs are due simultaneously on December 1, 2023 and are not to exceed 10 pages. Explanation: This motion arises out of a wrongful death claim brought by decedent's spouse. The petition to intervene is brought by decedent's mother, Suzanne Lagay. Intervention is the by which a non-party to an action may become a party. (See Code Civ. Proc., S 387.) Interventon may be as of right or permissive. (Ibid.) A nonparty has the ...
2023.11.14 Motion for Preliminary Approval of Class Action Settlement 104
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.14
Excerpt: ...ss meets the requirements for certification before it can grant 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, 93-95.) "Class certification requires proof (1) of a suffciently numerous, ascerta...
2023.11.14 Motion for Summary Judgment 751
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.14
Excerpt: ...lic entity for allegations that it created a dangerous condition causing injury, a plaintiff must establish " '[II that the property was in a dangerous condition at the time of the injury, [2] that the injury was proximately caused by the dangerous condition, [3] that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and [9] [4] [that the] public entity had actual or constructive notice of the...
2023.11.14 Motion for Summary Judgment, Adjudication 155
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.14
Excerpt: ...gment law turns on issue finding rather than issue determination. (Diep v California Fair Plan Assln (1993) 15 Cal.App.4th 1205, 1207.) The court does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 cal.App.4th 70, 76; Molko v Holy s...
2023.11.14 Motion to Compel Arbitration, to Stay Action 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.14
Excerpt: ...ging 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 determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been wa-ved by the petitioner; or (b) Grounds exist for the of the agreement. (c) A party to the...
2023.11.14 Motion to Quash Subpoenas for Production of Business Records or for Protective Order to Modify Subpoenas 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.14
Excerpt: ... only production of plaintiff's medical records related to her June 2021 hospitalization for low sodium levels, and her subsequent stay in the skilled nursing facility, as well as records related to her claimed injuries from the subject fall. To deny both parties' request for sanctions against each other. Explanation: First, to the extent that defendant contends that the plaintiff's motion is procedurally defective because she did not file a requ...
2023.11.14 Motion for Summary Judgment 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.14
Excerpt: ... (the "underlying Action"). Labiak moves for summary judgment on the ground that the claim is barred by the one-year statute of limitations. " he applicable statute of limitations for legal malpractice claims is secton 340.6." (Truong v. Glasser (2009) 181 cal.App.4th 102, 110, 103 cal.Rptr.3d 811.) It provides that a malpractice action must be commenced "within one year after the plaintiff discovers, or through the use of reasonable diligence sh...
2023.11.09 Motion to Seal Medical Records 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.09
Excerpt: ...l records filed on May 5, 2023 as part of defendant Angelica Jimenez M.D.'S motion for summary adjudication. Plaintiff has met the requirements of Rule of Court 2.550 with regard to the sealing of documents. Under Rule of Court 2.550, subdivision (c), "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550, subd. "A record must not be filed under seal without a court order. The court mu...
2023.11.09 Motion to Compel Arbitration and Stay Action 671
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.09
Excerpt: ... vehicle ensued which form the basis of the instant complaint for damages. Plaintiff brought three causes of achon against defendant Hyundai Motor America ("Defendant"), for breach of express warranties afforded through the Song-Beverly Act; breach of implied warranties afforded through the Songaeverly Act, and violation of secton 1793.2 of the Civil Ctxle.l The agreement is a retail installment sales contract ("RISC") made Plaintiff and a non-pa...
2023.11.09 Motion for Trial Preference 296
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.09
Excerpt: ...dings: (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. 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 motion for prefer...
2023.11.09 Motion for Protective Order 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.09
Excerpt: ...der precluding him from being deposed for any reason under any circumstances. In support, Plaintiff submits the declarations of Susan M. Fosnot, Ph.D, a licensed and certified speech-language pathologist, and Dana Chidekel, Ph.D, a clinical psychologist certified in pediatric neuropsychology. The declarations generally conclude that Plaintiff: has an unreliable memory; has limitations that preclude him from reliably differentiating the truth from...
2023.11.09 Motion for Approval of PAGA Settlement 009
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.09
Excerpt: ...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 tme 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 violations, deter future ones, and to maximize enforcement of state l...
2023.11.08 Motion for Summary Judgment 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ... Fresno County Superior Court Case Number 22CECG019861 , which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed the stop sign at the intersection, precipitating the subsequent collision. Defendant Singh fled t...
2023.11.08 Demurrer 076
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.08
Excerpt: ... The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing t...
2023.11.08 Motion for Final Approval of Class Action Settlement 073
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...ement amount is $182,915.07. A revised proposed order shall be submitted to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at November 6, 2024, at 3:30 p.m. in Department 403 as a hearing date for an Amended Judgment pursuant to Cuie of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later t...
2023.11.08 Motion to Compel Further Responses 013
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...2030.300 on the basis that "[p]laintiff[s] failed to or to submit to an authorized method of discovery, made evasive responses to discovery (Notice of Motion, at p. 2:11-13.) Defendant's separate statement, however, shows that plaintiffs responded to each of the subject requests for admissions with straight forward denials and factual replies, and which, in particular, identified nonparty Ken Boyd as their intermediary with defendant and primary ...
2023.11.08 Motion to Fix Prejudgment Interest 651
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.08
Excerpt: ...t interest must timely ask the court to determine if it is entitled to such interest. (North Oakland Medical Clinic v. Rogers (1998) 55 Cal.App.4th 824, 829-830 ("North Oakland").) In North Oakland, the court considered the issue of whether plaintiffs had timely filed their motion for prejudgment interest. (See ld. at p. 829.) The parties and the court agreed that "no statute or rule of court establishes a procedure for requesting an award of pre...
2023.11.08 Motion to Deem RFAs Admitted, for Sanctions 036
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.08
Excerpt: ...n Slatic unless responses in substantial conformity with Code of Civ-l Procedure section 2033.220 are served prior to the hearing. To impose monetary sanctions in the total amount of $60 against plaintiff Kathleen Slatc, in favor of defendant Daniel Ashley. Within thirty (30) days of service of the order by the clerk, plaintiff Kathleen Slat-ic shall pay sanctions to defendant Daniel Ashley's counsel. Explanation: On December 23, 2022, the discov...
2023.11.07 Motions to Compel Initial Responses, Deposition, for Monetary Sanctions 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.07
Excerpt: ...ant Student Transportation of America, Inc. (STA) in part. To order STA to provide verified responses to the interrogatories and requests for to the extent that it provided substantive responses to the interrogatories and requests. STA shall serve verified responses within 10 days of the date of service of this order. To grant the motion deeming STA to have admitted the truth of the matters in the requests for admission to the extent that STA ser...
2023.11.07 Motion to Disqualify Counsel 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Excerpt: ...he opposing party disclosed to the expert with an expectation of confidentiality. (Shadow Traffic Network v. Superior Court (1994) 24 Cal. App. 4th 1067, 1078-80.) "Because the burden is on the party seeking to disqualify the expert, that party should point to specific and unambiguous disclosures that if revealed would prejudice the party." (Hewlett-Packard co. v. EMC corp. (N.D. cal. 2004) 330 F.supp.2d 1087, 1094.) The party should not be requi...
2023.11.07 Motion to Compel Arbitration 129
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.07
Excerpt: ...et seq. Defendant Britz Farming Corporation now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to stay the representative portion of the PAGA claim brought on of all aggrieved employees. A trial court is required to grant a moton to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." Civ. Proc., S 1281.2.) However, there is "no public policy in favor of f...
2023.11.07 Demurrer to FAC 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.07
Excerpt: ...to the demurring defendants. Explanation: The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978...
2023.11.02 Demurrer to FAC 723
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Excerpt: ...be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Exhaustion of Administrative Remedies "In general, a party must exhaust administrative remedies before resorting to the courts." (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Board (2005) 35 Cal.4th 1072, 1080.) Furthermore, "[w]here administrative remedies exist, California courts usuall...
2023.11.02 Demurrer to FAC 368
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: ...oldface. Explanation: Defendant State of California ("the State") argues that plaintiff County of Fresno ("the County") has sued the wrong partyl because it was the federal government and not the State that mandated the name change from "Sq Valley" 2 to "Yokuts Valley", the County has adequately alleged that the State passed AB 2022, which prohibited the use of the word "sq_" for geographic names and place names, and to change the names of places...
2023.11.02 Demurrer to FAC 659
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.02
Excerpt: ... eighth [sic, tenthl cause of action. (Code Civ. Proc. (Code Civ. Proc. S 430.10, subd. (f).) Leave to amend is granted to correct the mis-numbering of the ninth and tenth causes of action in addition to the two causes of action for breach of fiduciary duty. Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. ...
2023.11.02 Demurrers 977
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: .... Explanation: The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) ...
2023.11.02 Motion for Class Certification 018
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.02
Excerpt: ... the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." (In re Tobacco II Cases (2009) 46 Cal. 4th 298, 313.) California case law requires that substantial evidence un...
2023.11.02 Motion for Trial Preference 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.02
Excerpt: ...hin the next 120 days. Explanation: Under Code of Civil Procedure section 36, subdivision (a), A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the achon as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in t...
2023.11.02 Motion to Allow Neuropsychological Evaluation 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.02
Excerpt: ...t (1987) 43 Cal.3d 833 (Vinson), the California Supreme Court rejected the plaintiffs claim that her mental condition was not placed "in controversy" by her allegation of continuing emotional distress. "[Clourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. ' (ld. at p. 842.) "[A] party who chooses to allege that he has mental and emotional difficulties can hard...
2023.11.01 Motion to Consolidate Cases 271
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Excerpt: ...quest for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Under Code of Civil Procedure section 1048, subdivision (a), "[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning procee...
2023.11.01 Motion to Compel Initial Responses, to Admit Truth of Facts, for Monetary Sanctions 552
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...rd in Department 502 on Wednesday, November 1, 2023 at 3:30 pm ** Tentatve Ruling: To grant. (Code Civ. Proc., SS 2030.290, 2031.300.) Within 20 days of service of the order by the clerk, defendant Maria Angelica Ruiz Maciel shall serve objection-free responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and produce all responsive documents. The matters specified in plainti...
2023.11.01 Motion for Protective Order, to Quash Subpoena, for Leave to File Complaint 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.11.01
Excerpt: ...laint Tentative Ruling: To continue the hearing on the motion for a protective order to November 9, 2023. Plaintiff Daniel Real is authorized to file, no later than 5:00 p.m. on Friday, November 3, 2023, the declarations of Susan M. Fosnot, Ph.D and Dana Chidekel, Ph.D that were served on the parties. No other documents are authorized to be filed. To deny each of the motions to quash third-party subpoenas as moot. To grant the motion for leave to...
2023.11.01 Motion for Preliminary Approval of Class Action Settlement 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Excerpt: ...nary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is pro#r. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T. R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for cl...
2023.11.01 Demurrer to Complaint 730
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.11.01
Excerpt: ... its answer to the Complaint within 10 days of service of the order by the clerk. Explanation: It is "the established rule that as against a general demurrer a complaint will be liberally construed that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary i...
2023.11.01 Demurrer 336
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...murrer to the fourth cause of action and to sustain the general and s#cial demurrers as to the first, second, third, and sixth causes of action, with thirty (30) days leave to amend, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: General and Special Demurrers The basis for this demurrer is that the complaint, in its entirety, fails to state facts sufficient to cons...
2023.10.31 Motion to Compel Arbitration and Dismiss Certain Claims 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...letion of arbitration. If a timely request for oral argument is made, such argument will entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code section 2698 et seq. Defendants Sally Beauty Holdings, lnc„ and Beauty Systems Groups LLC (together "defendants") now seek an order com#lling p...
2023.10.31 Motion for Leave to File SAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...d no later than November 28, 2023. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiffs move the court for leave to file a second amended complaint following the death of plaintiff Parmjit Sekhon after the filing of this action. The motion is brought pursuant to Code of Civil Procedure section 473 and seeks to add Jasbir Sekhon (originally decedent's g...
2023.10.31 Motion for Leave to Amend Answer 053
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.10.31
Excerpt: ...ng's Commercial Transfer, Inc. ("YCT) filed the instant action and were later named as defendants in Fresno County Superior Court Case Number 22CECG01986, which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed...
2023.10.31 Motion for Judgment on the Pleadings 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...y be amended within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or c...
2023.10.31 Demurrer 897
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.31
Excerpt: ...d claims are barred by the economic loss rule, as the defendants/cross-complainants have only alleged that they suffered financial harm due to plaintiffs' alleged breach of their contractual duties. Plaintiffs contend that, because defendants only allege economic harm from a contract breach, they cannot reccwer in tort as well. It is true that "[a] person may not ordinarily recover in tort for the breach of duties that merely restate contractual ...

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