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2023.06.13 Demurrer to FAC 161
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.13
Excerpt: ...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 diffculty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint against ...
2023.06.13 Demurrer, Motion to Strike 588
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.13
Excerpt: ... amend. (Code Civ. Proc. S 430.10, subd. (e).) To overrule the demurrer on all other grounds. (Code Civ. Proc. S 430.10, subd. (e),(f).) Plaintiff shall file and serve an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: On August 22, 2022, plaintiff filed suit against defendants California Department of State Hospitals ("CDSH"), Robert Withrow, Brandon Price, Stanf...
2023.06.08 Motion for Summary Judgment, Adjudication 273
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.08
Excerpt: ... minute order, a order consistent with the court's summary adjudication ruling. Explanation: Successive Motions for Summary Judgment/Adjudicabon "A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summ...
2023.06.08 Motion for Sanctions 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ... notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass orto cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, an...
2023.06.08 Motion for Determination of Good Faith Settlement 503
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.08
Excerpt: ... entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc., S 877.5, subd. (a)(l).) A determination that the settlement was made in good faith bars any other joint tortfeasor or co-obligor from further claims against the settling tortfeasor or...
2023.06.08 Demurrer 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ...e the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle accident, contending that the First Amended Complaint ("FAC") fails to state cause of action, there is a nonjoinder or misjoinder of parties, the FAC is vague and ambiguous, and the cause of action is time-barr...
2023.06.08 Demurrer 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.08
Excerpt: ...murrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697....
2023.06.07 Motion for Final Approval of Class Settlement, for Attorney Fees 674
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.07
Excerpt: ...ward. Explanation: 1. Legal Standards "When, as here, a class settlement is negotiated prior to formal class certification, there is an increased risk that the named plaintiffs and class counsel will breach the fiduciary obligations they owe to the absent class members. As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) ...
2023.06.07 Demurrer 660
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.07
Excerpt: ...ls to state facts sufficient to constitute a cause of action[.l " (Dem., p. 2:15-17, citing Code Civ. Proc., 5430.10, subd. (e).) Any valid cause of action overcomes a general demurrer. (Quelimane Co., Inc. v. Stewart Title Guarantee Co. (1998) 19 Cal.426, 38-39.) The court must overrule a general demurrer if the complaint states a cause of action under any possible legal theory. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998.) ...
2023.06.07 Demurrer 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ... which the complaint may be amended will run from service of the order by the clerk. In light of plaintiff's counsel's refusal to meet and confer prior to the filing of the demurrer, the court will require plaintiff to initiate and conduct a telephonic or in-person conference of the parties prior to amending the complaint. (See Cade Civ. Proc., S 430.41, subd. (c).) Plaintiffs counsel shall file with the amended complaint a declaration describing...
2023.06.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 164
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.07
Excerpt: ... 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 acton is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested ...
2023.06.07 Motion for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...ssue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of achon „ cannot be established, or that there is a complete defense to the cause of action." (Code Civ. Proc. S 437c, subd. If ...
2023.06.07 Motion to Withdraw Deemed Admitted, for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...noticed by Defendants County of Fresno and Fresno County Sheriff's Offce ("County Defendants") of plaintiff, Dale Blickenstaff, and/or other witnesses identified in those depositions. (Code Civ. Proc. S 2033.300, subd. (c).) To deny Defendants County of Fresno and Fresno County Sheriff's Office's motion for summary judgment. (Code. Civ. Proc. S 437c, subd. (p)(2).) Explanation: Plaintiff's Motion to Withdraw Admissions Deemed Admitted Plaintiff m...
2023.06.06 Motions to Dismiss, Demurrer to FAC 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.06
Excerpt: ...o contnue the demurrer to June 28, 2023, at 3:30 p.m. in Department 501. The deadlines for opposition and reply papers will remain the same as for the original hearing date. Explanation: On 12/23/22, a motion to dismiss was filed by defendants Bank of America, N.A. (for itself and as successor by merger to BAC Home Loans Servicing, LP and Recontrust Company, N.A.), Mortgage Electronic Registration Systems, Inc., MERSCORP Holdings, lnc„ and The ...
2023.06.06 Motion to Discharge Stakeholder 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.06
Excerpt: ...y is certain, the motion may be renewed. To overrule the objections of Amazing Energy Partners, Inc. Explanation: Interpleader, Generally "When a person may be subject to conflicting claims for money or property, the person may bring an interpleader action to compel the claimants to litigate their claims among themselves." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) "An interpleader action is an equitable proceeding. [Citatio...
2023.06.06 Demurrer 593
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.06
Excerpt: ...anguage must be set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not organized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff concedes that the religious exemption in FEHA would normally apply to defendant, but that defendant's acts of displaying ant-discriminatory posters constitutes a waiver of the religious organization exemption and that de...
2023.06.01 Petition to Relieve Petitioner from Claim Filing Requirement 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.01
Excerpt: ...iego (2020) 59 Cal.App.5th 63, 72.) Government Code section 911.2, subdivision (a), provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity t...
2023.06.01 Motion to Quash Deposition Subpoena for Production of Business Records 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.01
Excerpt: ...5 and Exhibit A. To overrule plaintiffs remaining objections. To reserve the issue of sanctions. If oral argument is timely requested, the matter will be heard on Friday, June 2, 2023, 3:30 p.m. in Dept. 403. Explanation: Notice Counsel is required to provide notice to the opposing party when issuing a third party subpoena for business records. (See Code Civ. Proc„ S 2025.220, subd. (b); California Shellfish Inc. v. United Shellfish Company (19...
2023.06.01 Motion to Compel Responses 062
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.01
Excerpt: ...es, Set One, and Request for Production of Documents, Set One. Plaintiff Melinda Frias is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor ...
2023.06.01 Motion for Sanctions 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.01
Excerpt: ...s "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c); 2031.300, subd. (c...
2023.06.01 Motion for Good Faith Settlement Determination 447
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.01
Excerpt: ...s may be determined by the court to be in "good faith." If the court does so, this bars any other joint tortfeasor from any further claims against the settling defendant for equitable comparative contribution, equitable indemnity or comparative fault. (Code Civ. Proc„ S 877.6, subd. Tech-Bilt v. Woodward-Clyde & Associates ("Tech-Bilt") provided the following non-exclusive list of factors for the court to consider in determining the "good faith...
2023.06.01 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.01
Excerpt: ...nse on or before June 20, 2023. The supplemental briefs shall not exceed five pages in length. Explanation: The County of Fresno demurs to the complaint on several grounds, including a contention that the complaint is uncertain as to plaintiffs identity. Plaintiff cites Starbucks Corp. v. Superior Court (21%8) 158 Cal.App.4th 1436 (Starbucks), wherein the court noted the " judicial use of I Doe plaintiffs' to protect legitimate privacy rights has...
2023.05.31 Demurrer to FACC 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.31
Excerpt: ...eighth, and ninth causes of action, with leave to amend. To sustain cross-defendant Guardian Angel's Adult Day Health Care, LLC's demurrer to the fourth and fifth causes of action, without leave to amend. To overrule on all other grounds. Cross-complainant shall serve and file her second amended cross-complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface Explanation: Cross Complaint Generall...
2023.05.31 Motion for Attorney Fees 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.31
Excerpt: ...are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs." (Civ. Code, S 1717, subd. (a).) Also, under Code of Civil Procedure section 1033.5, subdivision (a)(10)(A), attorney's...
2023.05.31 Motion for Leave to Amend SAC, for Interlocutory Judgment of Dismissal 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.31
Excerpt: ... motion for leave to amend. To deny the motion for interlocutory judgment of dismissal of the entirety of the first amended complaint. To deny the alternative relief sought for interlocutory judgment of dismissal of the seventh and eighth causes of action of the first amended complaint. Explanation: Plaintiffs Lennice Muhammad and Julia Dudley (collectively "plaintiffs") seek leave to file an amended complaint. Defendants Tylar Property Managemen...
2023.05.31 Motion for Summary Judgment, Adjudication 157
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.31
Excerpt: ...over and CA Slover Trucking's motion for summary judgment. To grant defendants Slover and CA Slover Trucking, joined by defendants Freshko Produce Services, LLC and Barnes, motion for summary judgment of the Complaint. The prevailing parties are directed to submit to the court, within 5 days of service of the minute order, a proposed Judgment consistent with the court's summary judgment order. Explanation: Defendants Slover and CA Slover Trucking...
2023.05.25 Motion for Summary Adjudication 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ...reasonable ground for believing it to be true." (Civ. Code, S 1710, subd. (2).) "The Supreme Court has held: 'Negligent misrepresentation is a separate and distinct tort, a spec:ies of the tort of deceit. "Where the defendant makes false statements, honestly believing that they are true, but without reasonable ground for such belief, he may be liable for negligent misrepresentation, a form of deceit." The Court of Appeal has held: 'The elements o...
2023.05.25 Motion for Preliminary Approval of Class Action Settlement 624
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.25
Excerpt: ...hether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not suffcient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (...
2023.05.25 Motion for Relief from Waiver of Objections 867
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.25
Excerpt: ...2031.300, subd. (a) [production of documents), 2033.280, subd. (a) [admissions].) Explanation: Defendant Ranthisi Rowel's discovery responses (Form Interrogatories, Requests for Admissions, Special Interrogatories, and Requests for Production of Documents, all Set One) were served three days late. Plaintiff had granted two extensions of time, with the final extension making the responses due on November 28, 2022. The responses were finalized on N...
2023.05.25 Motion for Relief Under Code of Civil Procedure 068
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.25
Excerpt: ...rocedure section 473, subdivision (b). That statute provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise...
2023.05.25 Motion for Final Approval of Class Action Settlement 134
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...rsuant to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentaton as to the amount paid to class members must be filed on or before April 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: "Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement." S...
2023.05.25 Motion for Summary Adjudication 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...ontract; (2) breach of implied covenant of faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. The court notes the unusual timing of the present motion, which the court finds materially affects the consideration of the moton. A party may move for summary judgment at any time after 60 days have elapsed since the general ap#arance in the action or proceeding of each party against whom the mot...
2023.05.25 Motion to Discharge Stakeholder, for Attorney Fees 512
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ...n equitable proceeding. (Southern California Gas Co. v. Flannery (2014) 232 Cal.App.4th 477, 485.) It provides a procedure where a person holding funds or property, to which conflicting claims are made by others, can force claimants to litigate their claims to the funds or property among themselves. (Code Civ. Proc., S 386; City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Once the person admits liability and deposits the funds with...
2023.05.25 Motion to Grant Final Approval of Class Action Settlement, for Attorney Fees, to Award Enhancement 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ...he amount of $167,650.00. To grant administrator costs in an amount of $4,630.00. To grant plaintiff Jesse Cruz, class representative, an incentive award in the amount of $5,000.00. The court will sign the proposed judgment submitted. Notice of the judgment is to be given to class members by an insert with the checks distributed to them, which insert refers the class to the Court's Odyssey search link and gives the case number for this case. (Cal...
2023.05.25 Motion to Set Aside Default 386
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ..., subdivision (b). 1 On application, the court may, on any terms as may be just, relieve a party from a default taken against it due to mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., S 473, subd. (b).) This is defendant's second motion to set aside his default. Defendant's first motion was denied by the court, without prejudice, pursuant to the minute order adopting the Tentative Ruling on November 10, 2022 ("Prior Rulin...
2023.05.25 Motions to Compel Initial Responses, for Monetary Sanctions 024
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...dant Martin R'Nha to provide verified responses to form interrogatories, special interrogatories, and requests for production of documents. To order defendant to pay sanctions of $1,005. Defendant shall serve his verified responses without objections within 20 days of the date of service of this order. Defendant shall pay sanctions to plaintiff's counsel within 30 days of the date of service of this order. To grant the motion to compel defendants...
2023.05.25 Motion to Compel Arbitration and Dismiss Representative Claims 266
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ... his PAGA claim aga-nst defendants, and dismiss the representative portion of the PAGA claim. Explanation: A trial court is required to grant a motion to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 14...
2023.05.24 Demurrer, Motion to Strike 294
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...om service by the clerk of the minute order. Explanation: Demurrer The function of a demurrer is to test the suffciency 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 Belf with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlander...
2023.05.24 Application for Right to Attach Order and Writ of Attachment 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...f an undertaking. Explanation: A right to attach order, stating the amount to be secured by the attachment, shall issued if the court finds all of the following: 1. the claim upon which the attachment is based is one upon which an attachment may be issued; 2. the plaintff has established the probable validity of the claim upon which the attachment is based; 3. the attachment is not sought for a purpose other than the recovery on the claim upon wh...
2023.05.24 Demurrer to FAC, Motion to Strike Punitive Damages 256
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.24
Excerpt: ...to the first amended complaint within 10 days of the date of service of this order. Explanation: Meet and Confer: First of all, it does not appear that defendant complied with the meet and confer requirement for demurrers and motions to strike before bringing the present motions. under Code of Civil Procedure section 430.41, "[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone w...
2023.05.24 Motion for Summary Judgment, Adjudication 446
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.24
Excerpt: ...ulative. To overrule all of defendant's remaining objections to the expert declaration provided by plaintiff. To overrule all of plaintiff's objections to the expert declaration provided by defendant. Explanation: Declarations by expert witnesses are generally required when expert witness testimony would be required at trial (such as on the issue of the standard of care in a professional malpractice case). (See e.g. Kelley v. Trunk (1998) 66 Cal....
2023.05.24 Motion for Summary Adjudication 094
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...fth causes of action. Code of Civil Procedure section 437c, subdivision (f)(l), provides that "[a] party may move for summary adjudication as to one or more causes of action within an acton if that party contends that there is no affirmative defense thereto A motion for summary adjudication shall be granted only if it completely disposes of a cause of action ..." Plaintiff must "prove[ ] each element of the cause of achon entitling the party to j...
2023.05.24 Motion for Summary Judgment 367
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.24
Excerpt: ...the merits of the issues, but merely discovers, through the medium of affdavits 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; Malko v Holy spirit Ass n (1988) 46 cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. A s...
2023.05.24 Motion to Compel Arbitration and Stay Action 439
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.24
Excerpt: ...ion). Plaintiff brings a complaint against defendant Hyundai Motor America for breach of express and implied warranties concerning this vehicle under the Song-Beverly Consumer Warranty Act (Civ. Code, SS 1790, et seq.). Defendant moves to compel plaintiffs to arbitrate these claims based on the Retail Installment Sales Contract ("RISC") they signed when they purchased the subject vehicle. No Automatic Stay Now in Place Defendant's Notice of Motio...
2023.05.24 Motion to Compel Further Responses, for Sanctions 575
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.24
Excerpt: ...esponses to Special Interrogatories, Set Three, Nos. 75, 78, and 86. To grant and compel further responses to Request for Production of Documents, Set Two, Nos. 21 and 26, and order plaintiffto all relevant documents, within 20 days of service of the order by the clerk. To impose monetary sanctions in the total amount of against plaintiff Grupo Comunitario de San Miguel Cuevas, in favor of defendant Harmony Communities, Inc., payable no later tha...
2023.05.23 Motion for Judgment on the Pleadings 665
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.23
Excerpt: ...f action for premises liability, without leave to amend. Explanation: In January 2022 plaintiff Manuel Salazar suffered severe personal injuries in an accident that occurred while he was riding his dirt bike in the Kings River riverbed. He alleges a gap in a mountain of dirt created by Stoney's caused him to fall off his bike. In addition to the operator, Stoney's Sand & Gravel LLC (Stoney s), he has sued Carol Evans and Michael Evans (the Evans ...
2023.05.23 Motion for Legal Determination of Larger Parcel, to Exclude Expert Testimony 804
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.23
Excerpt: ...cre walnut orchard is part of the larger parcel. To deny plaintiff's motion to exclude the expert testimony of Stephen Roach. Explanation: Moton to Exclude Expert Testimony: Plaintiff moves to exclude Mr. Roach's testimony under Code of Civil Procedure section 1260.040, which states, "If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move th...
2023.05.23 Motion for Summary Judgment 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.23
Excerpt: ..., and number 14 (last sentence), but to overrule the rest of these objections. As to defendant's evidentiary objections, to overrule numbers 1, 3, 4, 5, 6, 7 and 9, and to sustain numbers 2 and 8. Explanation: The parol evidence rule is not merely an evidentiary rule, but is a rule of substantive law. (Alling v. Universal Manufacturing Corp. (1992) 5 Cal.App.4th 1412, 1433.) It "generally prohibits the introduction of any extrinsic evidence, whet...
2023.05.23 Motion for Summary Judgment 564
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.23
Excerpt: ...rder and Code of Civil Procedure section 872.720. The court intends to appoint a partition referee pursuant to Code of Civil Procedure section 873.010 in the interlocutory judgment, however the name of the referee shall be left blank so that the court can determine who should be appointed. To grant all requests for judicial notice. Explanation: Burden on Summary Judgment As the party moving for summary judgment, plaintiff bears an overall burden ...
2023.05.23 Motion to Compel Compliance, for Sanctions 636
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.23
Excerpt: ...'s prior order on a motion to compel further responses to inspection demands, entered on July 26, 2022. Plaintiff moves under Code of Civil Procedure section 2031.320, which states that "if a party fails to obey an order compelling inspection, copying, testing, or sampling, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. (Code Civ. Proc. S 2031.320, sub...
2023.05.23 Motion to Strike Punitive Damages 066
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.23
Excerpt: ...damages from the complaint. Defendants content that the complaint fails to state sufficient facts to support the prayer for punitive damages as to each of them. The court notes initially that there is a dispute as to the timeliness of the present motion. Code of Civil Procedure section 435, under which defendants move, allows for the filing of a motion to strike within the time allowed to respond to a pleading. (Code Civ. Proc. S 435, subd. (b)(l...
2023.05.23 Motion to Transfer Action 598
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.23
Excerpt: ... (Code Civ. Proc. S 396b, subd. (b).) Explanation: This is an insurance bad faith achon in which plaintiffs sued two corporations and multiple individual defendants. No defendant resides in Fresno County, though the underlying auto accident occurred in Fresno County. Moving party's headquarters and principal place of business are in Orange County; Andrea Condrey resides in Orange County; Alexander Morales resides in Los Angeles County; Timothy St...
2023.05.23 Motions to Compel Compliance with Deposition Subpoena, to Deem RFAs Admitted 175
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.23
Excerpt: ...fied in plaintiffs' Requests for Admission, Set Two, are deemed admitted, unless defendant serves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with Code of Civil Procedure, Section 2033.220. Explanation: Compel Compliance with Deposition Subpoena Plaintiffs Sharon Vulich, individually, and as successor in interest to the Estate of Jerry Vulich, Nicole Vulich Miller, Crystal Vulish, and J...
2023.05.23 Motion to Enforce Settlement Agreement, for Monetary Sanctions 568
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.23
Excerpt: ...oc., S 128.5.) To impose sanctions in the amount of $750 against defense counsel, David V. Roth, and his law firm, Manning & Kass, Ellrod, Ramirez, Trester LLP, pursuant to Code of Civil Procedure section 177.5 for failing to appear at the April 12, 2023, hearing in violation of a court order. Sanctions are due and payable to the court within 30 days of the date of this order, with the time to run from the service of this minute order by the cler...
2023.05.18 Motion for Summary Adjudication, for Summary Judgment 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.18
Excerpt: ...e Company's Complaint. To deny summary judgment of Plaintiff Hallmark Specialty Insurance Company's Second Amended Complaint. Explanation: 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. S437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion...
2023.05.18 Motion for Pre-Trial Discovery of Financial Condition 882
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.18
Excerpt: ... subdivision (c) provides: No pretrial discovery by the plaintiff shall be permitted with respect to [defendant's financial condition] unless the court enters an order permitting such discovery pursuant to this subdivision. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this...
2023.05.18 Anti-SLAPP Motion to Strike 022
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.18
Excerpt: ...First Amended Complaint. Explanation: Meet and Confer Code of Civil Procedure section 435.5 makes it clear that meet and confer must be conducted "in person or by telephone. (ld., subd. (a).) There are limited instances in which the meet and confer requirement does not apply: 1) for an unrepresented party who is incarcerated; 2) proceedings in forcible entry, forcible detainer, or unlawful detainer; 3) an ant-SLAPP motion; and 4) a motion less th...
2023.05.17 Motion for Summary Judgment, Adjudication 861
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.17
Excerpt: ...e standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profession under similar circumstances. ' "The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice actio...
2023.05.17 Motion for Preliminary Approval of Class Action Settlement 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.17
Excerpt: ...ification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not suffcient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representati...
2023.05.17 Motion for Judgment on the Pleadings 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.17
Excerpt: ...adings in compliance with Code of Civil Procedure, section 439. Rather, he argues that meeting and conferring is not required to bring his motion, and even if so, any efforts would have been futile. The parties must engage in good faith meet and confer, in person or by telephone, as set forth in the statute. (Code Civ. Proc., S 439, subd. The moving party is not excused from this requirement unless he shows that plaintiff and cross-defendant Deli...
2023.05.16 Motion for Leave to File SAC 471
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.05.16
Excerpt: ...mplaint to allege that defendant Mostafa Heidari ("defendant Heidari"), his attorney Henry Nunez, and "others" misrepresented to plaintiff that he could not qualify to become an ARCO dealer because he did not have two years' experience, and, as a result, defendant Heidari needed to remain on title to both the staton and the land and plaintiff would have to work at the staton for two years to gain the requisite experience. Plaintiff seeks to alleg...
2023.05.11 Motion for Preliminary Approval of Class Action Settlement 563
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ...val of the proposed settlement. An agreement of the parties is not suffcient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for class certifi...
2023.05.11 Demurrer 622
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.11
Excerpt: ...y the clerk of the minute order. New allegations/language in the first amended complaint are to be set in boldface type. Explanation: In California, a complaint shall contain a statement of the facts constituting the cause of action, in ordinary and concise language; and a demand for judgment for the relief to which the pleader claims to be entitled. (Code Civ. Proc. 5425.10.) If the recovery of money or damages is demanded, the amount demanded s...
2023.05.11 Demurrer to SAC 980
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.11
Excerpt: ...dants regarding breaches to a lease-option agreement of agricultural property. Plaintiff brings six causes of action: (1) breach of contract of lease of agricultural property; (2) breach of contract of purchase of a residence; (3) breach of implied covenant of good faith and fair dealing; (4) breach of implied contract related to agricultural property", (5) conversion related to sublease of agricultural property; and (6) intentional interference ...
2023.05.11 Demurrer, Motion to Strike 153
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ...d reasonable attorney's fees pursuant to P.C. section 120.4(f)(3)(H)") is stricken. The motion to strike the remaining portions of the Second Amended Complaint is denied. Defendant shall file a responsive pleading within ten days of service of this order by the clerk. Explanation: Demurrer Defendant James Harold Pardieu, Jr. ("defendant") demurs to the first, third, and fourth causes of action in the operative Second Amended Complaint ("SAC") on ...
2023.05.11 Motion to Compel Further Responses 067
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.11
Excerpt: ...o deny all motions. Explanation: These motions were continued from April 11, 2023, because plaintiff's counsel had not attached to the motions defendants' discovery responses, which was necessary for the court to determine when and how the responses were served, and to determine if the responses were accurately stated in the Separate Statements for each motion. Plaintiff's counsel has now supplied the responses via three separate supplemental dec...
2023.05.11 Motion for Preliminary Approval of Class Action Settlement 943
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ...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 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: ...
2023.05.11 Motion for Summary Judgment, Adjudication 424
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.11
Excerpt: ... summary judgment of the first amended third cross-complaint in favor of cross-defendant O'Brien Steel, Inc. To deny summary adjudication of the second and fifth causes of action of the first amended third cross-complaint in favor of crosscomplainant American Crane Rental, Inc. Explanation: Summary Judgment Cross-defendant O'Brien Steel, Inc. ("OBE") seeks summary judgment of the first amended third cross-complaint ("TCC") against cross-complaina...
2023.05.11 Motion to Compel Arbitration and Dismiss or Stay Proceedings 287
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.11
Excerpt: ...e remaining civil proceedings are stayed pending the outcome of this arbitration motion. Explanation: Defendants Cerca Trova Steakhouse, LP., Cerca Trova Steakhouse, Inc., Cerca Trova Restaurant Concepts, Inc., T-Bird Restaurant Group, Inc., and Out West Restaurant Group, Inc. move for an order compelling arbitration under the Federal Arbitration Act, and request to dismiss, or alternatively, stay the action pending arbitration. Pursuant to the F...
2023.05.11 Motion to Compel Initial Responses, for Monetary Sanctions 348
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.11
Excerpt: ...t One); and 5) for Monetary Sanctions Jointly Against All Defendants Tentative Ruling: To continue the hearing on the motions to Thursday, June 29, 2023, at 3:30 p.m. in Department 501, in order to allow the parties to meet and confer in person or by telephone, as required for the moton to strike. If this resolves the issues, plaintiff shall call the court to take the motion off calendar. If it does not resolve the issues, counsel for plaintiff s...
2023.05.10 Motion to Strike Answer and Enter Default 548
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.10
Excerpt: ...nswer showing representation by a licensed attorney. Defendants' default may not be taken during the 14-day leave to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: A California Corporation cannot represent itself in a court action. (Himmel v. City Council of Burlingame (1959) 169 Cal.App.2d 97; Paradise v. Nowlin (1948) 86 Cal.App.2d 897.) Instead, a corporation can a...
2023.05.10 Motion to Set Aside Default, Judgment 029
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.10
Excerpt: ... stating that defendant was served by personal service on 7/29/20 at 7:08 p.m. The POS describes the "person served" as "MOHAMED M. ALOADHI, an indivdual dba Coalinga Market, Middle Eastern, Male, Age: 50, Hair: Black ,Eyes: Brown, Height: 5'7", Weight: 170"." The POS states that defendant was served at 210 EAST ELM AVENUE, COALINGA, CA 93210, which was identified as defendant's "home". Defendant's default was entered on 9/3/20. The request for e...
2023.05.10 Motion to Bifurcate Trial on Issue of Liability from Damages 562
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.10
Excerpt: ... conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the united States." (Code Civ. Proc„ S 1048, subd. (b).) Also, under Code of Civil Procedure section 598, "The court may, when ...
2023.05.10 Demurrer 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.10
Excerpt: ...gal covenant not to compete. Plaintiff points out that, under Business and Professions Code section "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." (Bus. & Prof. Code, S 16500.) "Section 16500 presently sets out the general rule in California—covenants not to compete are void. '[T]his provision [is] an expression of pu...
2023.05.09 Motion for Final Approval of Class Settlement 227
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.09
Excerpt: ...t to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed no later than April 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g), states: "Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement." Sub...
2023.05.09 Demurrer to FAC 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.09
Excerpt: ... (Code Civ. Proc. S 430.10, subd. (e).) Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. Explanation: First Cause of Action: Defendant Campus Pointe Commercial (CPC) demurs to the first cause of action for breach of contract on the ground that the plaintiffs have failed to state facts sufficient to constitute a valid cause of action. Defendant contends that plaintiffs have failed ...
2023.05.09 Motion to Set Aside Default, Demurrer to FAC 744
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.09
Excerpt: ... of fault. (CINIe Civ. Proc., S 473, subd. (b).) To sustain the demurrer to the first, third, and fifth causes of achon with leave to amend, and to sustain the demurrer to the second and fourth causes of action without leave to amend. Civ. S 430.10, subds. (e), Plaintiff is granted 20 days' leave to file the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. All new alle...
2023.05.09 Motion to Compel Arbitration and Stay Proceedings 810
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.09
Excerpt: ...r arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, shall be valid, irrewcable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. S 2.) "In recognition of Congress' principal purpose of ensuring that private arbitration agreements are enforced according to their terms, we have held that the FAA pre-empts state laws which 'require a...
2023.05.09 Motion to Compel Further Responses 303
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.09
Excerpt: ...jections within 20 days of the service of this order. Monetary sanctons in the amount of $4,520 are ordered in favor of plaintiff and against defendant and its attorney, jointly and severally, payable no later than 30 court days from the date of this order, with the time to run from the service of this minute order by the clerk. Explanation: Plaintiff has moved to compel defendant Saint Agnes Medical Center to provide further responses to special...
2023.05.04 Motion for Reconsideration, to Appear Pro Hac Vice 434
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.04
Excerpt: ...eking revocation of the court's March 28, 2023 Law and Mohon Minute Order adopting the tentative ruling on its applications of Chad R. Hutchinson and Mark A. Dreher to appear pro hac vice. The applications were denied without prejudice for failure to timely notify the State Bar of the hearing of the applications and failure to pay the fees to the State Bar. (Cal. Rules of Court, rule 9.40, subds. (c)(l) and Under Code of Civil Procedure section 1...
2023.05.04 Motion for Preliminary Approval of Class Settlement 630
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.04
Excerpt: ...App.4th 81 (rev. denied).) "Confronted with a request for settlement-only class certification, a district court need not inquire whether the case, if tried, would present intractable management problems for the proposal is that there will be no trial. But other specifications of the rule those designed to protect absentees by blocking unwarranted or overbroad class definitions — demand undiluted, even heightened, attention in the settlement con...
2023.05.04 Demurrer, Motion to Strike 752
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.04
Excerpt: ...To grant the moton to strike, in part, and deny, in part. The alter ego allegations, specifically the allegations at page two, paragraph four, lines 12-19, are striken without leave to amend. The motion to strike the allegations pertaining to the aiding and abet-tng of FEHA violations is denied. (Code Civ. Proc., S 436, subd. (a).) Explanation: Demurrer • Demurrer to the Entire Complaint Ms. Simpson demurs to the entirety of the complaint on th...
2023.05.04 Demurrer to FAC 203
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.04
Excerpt: ...f Fresno Code Enforcement Division and John Giannetta's demurrer to the first amended complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall be in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enforcement Div...
2023.05.03 Motion to Quash Third Party Subpoena 771
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.03
Excerpt: ... her to discrimination and retaliation on the basis of the medical conditions of plaintiff's mother, Betty Rush ("Rush"). Plaintiff has confirmed through written discovery that she does not have a disability which required accommodation. Therefore, her claims for failure to accommodate and failure to engage in the interactive process are also based on Rush's alleged medical conditions. Motion to Quash Subpoena of Medical Records Defendant seeks R...
2023.05.03 Motion for Preliminary Approval of Class Action and PAGA Settlement 164
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.03
Excerpt: ...ation 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 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representatio...
2023.05.02 Application for Default Judgment 252
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.02
Excerpt: ...er $4.7 million. Plaintiff has shown that she suffered special medical damages of over but she only seeks about apparently based on the amount that her insurance company paid for her medical costs. Yet she also admits that her insurance company only has a lien of $3,166.14 for medical costs, so it is unclear why she seeks over $39mo for medical costs. Plaintiff also seeks lost earnings to date of $82,944, plus another $642,815 in future earnings....
2023.05.02 Demurrer 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.02
Excerpt: ...o file its answer to the complaint, with the time to from service of the minute order by the clerk. If oral argument is timely requested, such argument will be entertained May 3, 2023, at 3:30 p.m. in Department 403. Explanation: On three separate days in July 2021, plaintiff, a customer of defendant bank's predecessor- in-interest, presented a Euro Check for deposit into his personal checking account: 1) Deposit 1 on July 13, 2021, for €7,000....
2023.05.02 Motion for Summary Judgment, Adjudication 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.02
Excerpt: ...ding supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint su#rsedes all prior complaints. The amended complaint furnishes the sole basis for the cause of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. [q] Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior com...
2023.05.02 Motion for Summary Judgment, Adjudication 785
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.02
Excerpt: ...ition of public property. To grant the CitVs motion for summary adjudication of the third crossclaim for property damage brought by Reyes and Melissa Robles. Explanation: Motion as to the Dangerous Condition Claims: The City mcwes for summary judgment as to all of the claims brought by California Automobile Insurance Company, State Farm Mutual Automobile Insurance Company, Kathy Hayden, and Reyes and Melissa Robles in their complaints and cross-c...
2023.05.02 Motion to Compel Arbitration 130
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.02
Excerpt: ...rties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to compel arbitration bears the burden of proving by a preponderance of the evidence the existence of an arbit...
2023.04.27 Motions to Compel Further Responses 166
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.04.27
Excerpt: ...erified responses without objections within 20 days of the date of service of this order. Explanation: Plaintiffs have moved to compel defendant Foster Poultry Farms to provide further responses to form interrogatories, special interrogatories, and requests for of documents that seek information about all employees of defendant who were employed during the class period as defined by plaintiffs' complaint. Defendant has objected on various grounds...
2023.04.27 Motion to Strike Answer, Compel Further Responses, for Monetary Sanctions 274
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.04.27
Excerpt: ...iscovery moot in light of striking defendant's answer. To deny the requests for monetary sanctions. Explanation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately l...
2023.04.27 Motion to Determine Legal and Evidentiary Issues Affecting Compensation 333
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.04.27
Excerpt: ...pretrial settlement. (Legis. counsel's Dig., Assem. Bill No. 237 (2000—2001 Reg. sess.) 5 stats. 2001, summary Dig., pp. 181-182; cal. Law Revision Com. com., 19 West's Ann. Code Civ. Proc. (2007 ed.) fall. S 1260.040, p. 523.) Secton 1260.040 authorizes a party to an eminent domain action to file a motion requesting a ruling on "an evidentiary or other legal issue affecting the determination of compensation" and provides that the trial court m...
2023.04.27 Motion to Compel Arbitration 702
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.27
Excerpt: ...e dispute is covered by 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 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.) This case is governed by the F...
2023.04.27 Motion for Reconsideration 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.04.27
Excerpt: ...e and serve opposition to plaintiff's Request for Pretrial Discovery Conference. Plaintiff had filed her request with the court on September 27, 2022, and served it on defendant by email that same day. Thus, per The Fresno Superior Court Local Rules, rule 2.1.17A.2, defendant had until Tuesday, October 4, 2022 (five court days) to file and serve its opposition. No opposition was filed, and on October 11, 2022, the court issued an order noting def...
2023.04.27 Motion for Leave to File FAC 596
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.04.27
Excerpt: ...ng party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, is not only error but an abuse of discretion." (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) California Rules of Court, Rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment, (2) state what allegations in...
2023.04.27 Demurrer to FAC 837
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.04.27
Excerpt: ... will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: First Cause of Action — Disability Discrimination Defendants attack this cause of action on the ground that that plaintiff does not allege that she suffered from a qualifying disability — the hand injury does not constitute a qualifying disability. Specifically, plaintiff alleges that she suffered a "hand injury" while on the job, and...
2023.04.26 Motion to Quash Subpoena for Records 844
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.04.26
Excerpt: ...stigation reports created by the defendant or its risk management department with the dominant purpose of preparing for anticipated litigation are subject to the attorney-client privilege. "Where, as here, a corporate employer requires that employees make a report, the privilege of that report is determined by the employer's purpose in requiring the report. When the corporate employer has more than one purpose in requiring the report, the dominan...
2023.04.26 Motion to Disqualify Counsel 113
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.04.26
Excerpt: ...ial Notice All evidentiary objections to the Declaration of Leigh Ann Ruijters are sustained based on lack of foundation to support personal knowledge of the declarant. Code of Civil Procedure section 2009 generally authorizes the use of affidavits and declarations in motion proceedings, creating an exception to the hearsay rule and rendering them potentially admissible as evidence. However, declarations must still be based on personal knowledge ...
2023.04.26 Motion for Determination of Good Faith Settlement 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.04.26
Excerpt: ...order determining faith settlement. To find that the settlement Plaintiffs and Cirks Construction, Inc. is in faith. To deny without prejudice, the motions for order determining good faith settlement of Lazy Dog Restaurants, LLC, LDR Holdings, LLC, Villagio Shopping Center, LLC, and Manco Abbott, Inc. Explanation: "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall ...

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