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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 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 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 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 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 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 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 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 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 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 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...

2024.03.13 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 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 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 ...

2024.03.07 Motion for Preliminary Injunction 036
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.07

Excerpt: ... defendant is likely to suffer if the preliminary injunction were issued.” (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69 -70; see also Code Civ. Proc., § 526, subd. (d)(2) [Injunctive relief appropriate “[w]hen it appears by the complaint or aff idavits 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.”].) The Code of Civil Procedure...

2024.03.07 Demurrer to FAC, Motion to Strike Punitive Damages 411
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.07

Excerpt: ...0 , subd. (e).) The time in which the complaint may be amended will run from service of the order by the clerk. All new allegations are to be placed in boldface type. To deny the motion to strike punitive damages allegations. (Code Civ. Proc., § 436.) Ex planation: Defendants demur to the third through ninth causes of action, and move to strike the punitive damages allegations from the First Amended Complaint (“FAC”). Demurrer Claims Against...

2024.03.07 Demurrer, Motion to Strike 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.07

Excerpt: ...ause of action. To grant leave to amend as to the ninth and seventeenth causes of action, and to deny leave to amend as to the sixteenth cause of action. To deny defendants' motion to strike portions of the complaint, in its entirety. Pla intiffs shall serve and ﬁle their ﬁrst amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer to Sixth Cause of Action: With re...

2024.03.07 Demurrer, Motion to Strike 634
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.07

Excerpt: ...no's demurrer to the second, third, ﬁfth, and sixth causes of action in the First Amended Complaint, with leave to amend. To overrule defendant City of Fresno's demurrer as to the ﬁrst and fourth causes of action in the First Amended Complaint. 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. Explanati...

2024.03.07 Motion for Attorney Fees 814
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.07

Excerpt: ... which provides, in pertinent part that fees may be awarded to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if : (a) a signiﬁcant beneﬁt, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and ﬁnancial burden of private enforcement… are such as to make th...

2024.03.07 Motion to Strike, Demurrer to TAC 775
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.07

Excerpt: ... cause of action with leave to amend; and to deny the defendant's motion to strike. The plaintiff is granted leave of 10 days to file her fourth amended complaint, which will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: Eleven plaintiffs, not including plaintiff Gina Beckman, filed the original complaint in this action on September 7, 2022, against a single named defendant, Saint Agnes...

2024.03.07 Motion to Abate, Stay, or Consolidate Actions 601
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.07

Excerpt: ...ternative request to consolidate the actions, as a complete consolidation for all purposes, including trial and discovery. The lead case will be number 22CECG01601. Defendant is ordered to ﬁle and serve a notice of entry of this ord er in all actions, properly captioned with all case names and numbers. Other than this, all further documents ﬁled in the case shall be ﬁled only in the lead case, and shall include the caption and case number o...

2024.03.07 Motion to Compel Arbitration and to Stay Matter Pending Hearing on the Petition 206
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.07

Excerpt: ...il Procedure section 1281.2 states that, “[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy , the court shall order the petitioner 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 arbitra...

2024.03.07 Motion to Compel Further Responses 890
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.07

Excerpt: ... ob jections within 20 days of the date of service of this order. To impose monetary sanctions in favor of Plaintiff Maria Cordoba, and against Defendant American Honda Motor Co., Inc. (Code Civ. Proc. §§ 2023.010, subd. (e) and (h); 2031.300, subd. (c).) De fendant is ordered to pay $1,060.00 in sanctions to the Knight Law Group, LLP within 30 days of the clerk's service of the minute order. If oral argument is timely requested, such argument ...

2024.03.07 Motion to Compel Responses 303
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.07

Excerpt: ...es. Any objections included in those response are stricken, as all objections are waived due to the failure to serve timely responses. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a), 2033.280, subd. (a).) To deny the request for monetary san ctions. Explanation: On November 14, 2023, plaintiff served Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admission, all Set One, on def...

2024.03.07 Motion to Deem RFAs Admitted, for Monetary Sanctions 611
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.07

Excerpt: ...laintiff, payable within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. The matters speciﬁed in defendant's Requests for Admission, Set One, propounded on plaintiff are deemed admitted, un less plaintiff serves, before the hearing, proposed responses to the requests for admission that re in substantial compliance with the Code of Civil Procedure, section 2033.220. Plaintiff shall serv...

2024.03.06 Demurrer to FAC, Motion to Strike 368
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.06

Excerpt: ...bd. (f).) The motion to strike is rendered moot, in light of the court's ruling granting plaintiff leave to amend the First Amended Complaint. Plaintiff is granted 20 days' leave to ﬁle a Second Amended Complaint. The time to ﬁle such pleading will run from service by the clerk of the minute order. All new allegations in a Second Amended Complaint must be set in boldface type. If oral argument is timely requested, such argument will be entert...

2024.03.06 Motion for Approval of PAGA Settlement 095
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.06

Excerpt: ...nder Labor Code section 2699, “[t]he superior court shall review and approve any settlement of any civil action ﬁled pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the cou rt.” (Lab. Code, § 2699, subd. (i)(2).) ‘“‘A representative action under PAGA is not a class action'”', and is instead a ‘type of qui tam action', a standard requiring the trial court to det...

2024.03.06 Motion for Attorney Fees 563
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.06

Excerpt: ...ministrator actually charged for its services. Explanation: 1. Class Certiﬁcation The court has already determined that the proposed class meets the requirements for certiﬁcation when it granted preliminary approval of the proposed settlement. There have been no objections to the court's decision, and nothing has happened since the preliminary approval order that would cause the court to reconsider its determination. Therefore, the court inte...

2024.03.06 Motion for Terminating Sanctions and Monetary Sanctions 024
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.06

Excerpt: ...s shall pay monetary sanctions within 20 days of the date of service of this order. However, the court intends to deny the request to enter an immediate default judgment against defendants, as plaintiff still needs to submit a default jud gment application with evidence to prove up its damages. Explanation: Code of Civil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,...

2024.03.06 Motion to Compel Arbitration and Stay Proceedings 018
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.06

Excerpt: ...ngs. (9 U.S.C. S 2.) If oral argument is timely requested, such argument will be entertained on Friday, March 8, 2024, at 1:30 p.m. in Department 501. Explanation: Evidentiary Objections Plaintiff's first evidentiary objection is sustained for the best evidence rule. The second evidentiary objection is overruled. The third evidentiary objection is sustained for lack of personal knowledge. The fourth evidentiary objection is sustained for hearsay....

2024.03.06 Motion to Establish Admissions, for Sanctions 067
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.06

Excerpt: ...the matters speciﬁed in the Requests for Admission, Set Three, are to be deemed admitted unless each defendant serves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with Code of Civil Pro cedure section 2033.220. (Code Civ. Proc., § 2033.280, subd. (c).) To impose monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $681.25 as to each d...

2024.03.06 Motion to Stay Action 240
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.06

Excerpt: ...di scretion to stay a civil proceeding where there is a related criminal proceeding pending. The decision whether to stay civil proceedings in the face of a parallel criminal proceeding should be made 'in light of the particular circumstances and competing interests involved in the case.' [Citation.] This means the decisionmaker should consider 'the extent to which the defendant's ﬁfth amendment rights are implicated.' [Cita...

2024.03.05 Motion to Compel Responses, for Evidence, Terminating, and Monetary Sanctions 766
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.05

Excerpt: ...ntinue the hearing on the motion to Tuesday, April 30, 2024 at 3:30 p.m. in Department 502, to afford plaintiff one ﬁnal opportunity to comply with the court's order dated 11/7/2023. Defendant shall ﬁle with this court an update on the status of the discov ery nine court days before the continued hearing. Explanation: On 5/5/23 defendant propounded on plaintiff Form Interrogatories, Special Interrogatories and Request for Production of Docume...

2024.03.05 Motion to Compel Arbitration and Stay Civil Action 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.05

Excerpt: ...ment will be entertained on Friday, March 8, 2024, at 1:30 p.m. in Department 501. Explanation: In moving to compel arbitration, defendants must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered b y the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal ...

2024.03.05 Motion to Bifurcate Issues of Liability from Damages at Trial 118
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.05

Excerpt: ...Procedure section 598, the court is given great discretion in regards to the order of issues at trial: The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promot ed thereby, on motion of a party, after notice and hearing, make an order…that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case…. ...

2024.03.05 Motion to Approve PAGA Settlement 976
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.05

Excerpt: ....00. To appoint CPT Group, Inc. as settlement administrator and approve costs to administer in the amount of $8,000.00. Plaintiffs are directed to submit a new proposed order. Explanation: 1. Introduction Under Labor Code section 2699, “[t]he supe rior court shall review and approve any settlement of any civil action ﬁled pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the ...

2024.03.05 Motion for Terminating Sanctions 385
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.05

Excerpt: ... to this court, within seven days of the date of service by the clerk of this order, a proposed judgment dismissing this action as to defendant. The court denies defendant's additional request for monetary sanctions. 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 section 2023.010, subdivision (g), makes “[d]isobeying a court order to...

2024.03.05 Demurrer 930
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.05

Excerpt: ...e of this order. All new allegations shall be in boldface. Explanation: First Cause of Action: “Establishing that claim [for breach of contract] requires a showing of ‘(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.'” (D'Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800, c...

2024.03.05 Demurrer 693
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.05

Excerpt: ...nc. and Modivcare Solutions, LLC (collectively, the “Modivcare Defendants”) demur to the entirety of the complaint on the ground that the complaint fails to state a cause of action, and each cause of action is uncertain and time -barred by the applic able statute of limitations. While plaintiff may and does utilize the Judicial Council form complaint, the usage of the form does not change the statutory requirement that the complaint contain �...

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