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2022.07.13 Motion to Enforce Settlement 720
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.13
Excerpt: ...st 11, 2022. Explanation: Code of Civil Procedure section 664.6 provides, in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. (Code Civ. Proc., § 664.6, subd. (a).) Here, the parties have a writing and litigati...
2022.07.12 Motion to Compel Discovery, for Monetary Sanctions 752
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.12
Excerpt: ...uno Lometti because of the default entered against him on July 29, 2021. To deny without prejudice as to defendant American Payroll Outsourcing Inc. because of the dismissal of this party on July 14, 2021. By minute order dated July 8, 2022, the court found that William Reiland is no longer attorney of record for defendant Lometti. Mr. Reiland's suspension and disbarment terminated the attorney‐client relationship by operation of law. (See Civ....
2022.07.12 Motion for Summary Adjudication 019
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.12
Excerpt: ...of their corporation, Concord Development, Inc. (“Concord”), and are therefore personally liable for Concord's alleged misconduct. The seventh cause of action seeks disgorgement of all money paid to Concord for the project, under the theory that Concord's contractor's license was suspended by operation of law at the time it performed the contract because it failed to obtain workers' compensation insurance for its employees, therefore entitlin...
2022.07.07 Motion to Compel Arbitration and Stay Action 732
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.07
Excerpt: ...es. Problems with the vehicle ensued, forming the basis of the instant complaint for damages. Plaintiff brought three causes of action against defendant for express and implied violations of warranties afforded through the Song‐Beverly Act. Defendant moves to compel arbitration based on an arbitration clause in a sales contract made between plaintiff and a non‐party, Auto Resources Inc. A trial court is required to grant a motion to compel ar...
2022.07.06 Motion to Compel Arbitration and Stay Action 402
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.07.06
Excerpt: ...suant to California Code of Civil Procedure section 1281.2, On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that 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 r...
2022.06.29 Motion for Judgment on the Pleadings 391
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.29
Excerpt: ...ley LLC (“Dycora”). The moving brief informs the court that plaintiffs and Dycora have resolved plaintiffs' claims made in the third cause of action, but both sides believe that a court order granting a judgment on the pleadings as to the first and second causes of action is needed to “fully resolve this matter for the Parties and the Court.” (Weintraub Decl., ¶ 10.) These causes of action do not ostensibly appear to be stated against Dy...
2022.06.28 Motion to Dismiss 572
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.28
Excerpt: ...laint is filed. The requirements of the code relating to the time for service of summons are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Code Civ. Proc., § 583.250, subd. (b).) If service is not made in an action within the time prescribed, the action may not be further prosecuted, no further proceedings may be held in the action, and the action must be dismissed by the court on its ...
2022.06.28 Motion to Compel Arbitration and Stay Proceedings 461
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.28
Excerpt: ...e to show that Cambridge Spa Group had the authority to act on behalf of defendant CSG Holdings CA, LLC in signing the August 17, 2021 substitution of attorney. Defendant submitted a declaration confirming that the party who signed the August 17, 2021 substitution of attorney, Ian Cahn‐Fuller on behalf of Cambridge Spa Group, had the authority to sign the form on defendant's behalf. (See Cahn‐Fuller Decl., filed May 3, 2022, ¶¶ 3‐4.) The ...
2022.06.28 Motion for Leave to File FAC 605
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.28
Excerpt: ...n: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading ….” (Code Civ. Proc. § 473, subd. (a); see also Code Civ. Proc., § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776‐777; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) Accordingly, the California Supreme Court has held that...
2022.06.23 Motion to Compel Further Responses 682
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.23
Excerpt: ...er responses must to be filed “within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing ….” (Code Civ. Proc., § 2031.310, subd. (c), emphasis added.) The parties agreed to an extension of time up to January 3, 2022 for plaintiff to file her motions to compel further responses. (See Pannell Decl. ¶ ...
2022.06.23 Motion to Compel Further Responses 531
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.23
Excerpt: ...ation and training; signing off on SIERRA VISTA's policies and procedures and/or employee handbook; confirmation of employment dates, resumes, letters, recommendations, accommodations, or any disciplinary action; any record of discipline, retraining and/or termination related to this case and/or similar types of cases or events. PERSONNEL FILE shall NOT include employee's social security number; wage, salary, and tax information, and any other co...
2022.06.22 Motion for Approval of PAGA Settlement 641
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.22
Excerpt: ...ourt review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Labor Code section 2699(l)(2) [“The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”].) The trial court is to “evaluate a...
2022.06.21 Demurrer to TAC 342
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.21
Excerpt: ... to the fourth cause of action with leave to amend. To sustain the general demurrers to the sixth through eighth and tenth causes of action with leave to amend. A fourth amended complaint shall be filed and served within 10 days of the clerk's service of this order. Explanation: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider...
2022.06.15 Motion for Attorney Fees 820
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.15
Excerpt: ... . . .” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are “allowable as costs under Section 1032” when they are “authorized by” either “[c]ontract,” “[s]tatute,” or “[l]aw.” Here, both the Loan Agreement (the subject of the first cause of action) and the Guaranty (the subject of the Second Cause of Action) provide for attorney's fees. Debtor hereby agr...
2022.06.15 Motion for Attorney Fees 262
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.15
Excerpt: ...s . . . .” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are “allowable as costs under Section 1032” when they are “authorized by” either “[c]ontract,” “[s]tatute,” or “[l]aw.” Here, the lease agreement between the parties, attached as Exhibit 1 to the complaint, provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes...
2022.06.15 Demurrer 360
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.15
Excerpt: ...states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. ‘[W]e are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory.'” (Quelimane ...
2022.06.14 Motion for Summary Judgment, Adjudication 632
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.14
Excerpt: ...rsonal injury action arising out of an auto accident allegedly caused by defendant James Hinson, a defendant California Department of Transportation employee. The complaint alleges a single cause of action for motor vehicle negligence. The Judicial Council form complaint checks boxes indicating that plaintiff is required to comply with a claims statute and has complied. (Complaint ¶ 9(a).) Defendants move for summary judgment on the ground that ...
2022.06.14 Motion for Summary Judgment, Adjudication 331
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.14
Excerpt: ... to this court, within five (5) days of service of the minute order, a proposed judgment consistent with the court's summary judgment ruling. 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., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) “The moving party bears the burden of showing ...
2022.06.14 Demurrer, Motion to Strike 671
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.14
Excerpt: ...ended complaint within twenty (20) days of the date of service of this order. All new allegations shall be in boldface. To grant the motion to strike the prayer for exemplary damages. Explanation: Plaintiff filed the instant complaint against defendant on seven causes of action: (1) disparate treatment based on race, color, national origin and ancestry; (2) hostile work environment harassment directed at plaintiff based on race, color, national o...
2022.06.09 Motion to Compel Initial Responses 422
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.09
Excerpt: ...quests are waived due to the failure to serve timely responses. Plaintiff and defendant Central California Ear Nose & Throat Medical Group shall meet and confer in a good faith effort to resolve the discovery disputes. If the discovery disputes are not resolved, plaintiff shall file a separate statement of items in dispute for each motion. A meet and confer declaration, the separate statement, supplemental opposition and reply papers shall be fil...
2022.06.08 Motion for Summary Adjudication 672
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.08
Excerpt: ...ly construe the moving papers and liberally construe the declarations of the party opposing summary judgment. Any doubts as to whether a triable issue of material fact exist are to be resolved in favor of the party opposing summary judgment/adjudication. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562; see also See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 900 [“Summary adjudication is a drastic remedy and...
2022.06.08 Demurrer to TAC 682
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.08
Excerpt: ... The time in which the answer can be filed will run from service by the clerk of the minute order. To grant, in part, and deny, in part, the motion to strike. Explanation: Demurrer Slander Per Se With slander per se under the “accusation of crime” category, courts generally find that the offense must be one involving moral turpitude which is indictable or punishable by death or imprisonment. (Cunningham v. Simpson (1969) 1 Cal.3d 301, 307 [ch...
2022.06.07 Motion for Summary Judgment, Adjudication 461
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.07
Excerpt: ...anced remedies under Welfare and Institutions Code section 15657. (Code Civ. Proc., § 437c, subd. (h).) Explanation: In this case, plaintiff Linda Anderson (“plaintiff”) alleges a series of negligent actions by numerous healthcare providers, commencing with her having knee replacement surgery. From there, she suffered through various complications, many of which she alleges were either caused or worsened by the treatment she received from th...
2022.06.07 Motion for Preliminary Approval of Class Settlement 641
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.07
Excerpt: ... Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement ...
2022.06.07 Motion to Compel Arbitration and Stay Action 612
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.07
Excerpt: ...ensued, forming the basis of the instant complaint for damages. The complaint alleges six causes of action against defendant FCA US LLC (“FCA US”), and one cause of action against defendant Fresno Chrysler Jeep Inc. dba Clovis Chrysler Dodge Jeep Ram (“Clovis CDJR”) for negligent repair. All of the causes of action against FCA US comprise alleged breaches of Civil Code section 1790 et seq. regarding consumer warranties and fraud by omissi...
2022.06.07 Motion to Compel Arbitration and Stay Proceedings 990
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.06.07
Excerpt: ...tion Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) In addition, arbitration is a “ ‘matter of consent, not coercion,' ” and “ ‘a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.' ...
2022.05.26 Motion for Terminating Sanction 491
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.26
Excerpt: ...., § 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To dismiss the action against defendant Falcon Private Security, Inc. (“Falcon Security”) only. Falcon Security shall submit a proposed judgment consistent with this court's order within 10 days of the date of service of this order by the clerk. To award monetary sanctions in the amount of $765 against plaintiffs and their attorney of record, Justin B. Toobi, jointly and se...
2022.05.26 Demurrer to SAC 978
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.26
Excerpt: ... the second amended complaint within 20 days of service of the order by the clerk. Explanation: “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. ‘[W]e are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the ...
2022.05.25 Motion to Compel Responses 666
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.25
Excerpt: ...”) argues that plaintiff failed to comply with Fresno County Superior Court Local Rule, rule 2.1.17, by failing to first obtain the court's permission to file his motion. At issue, is whether the court's June 2, 2021 Order After Pretrial Discovery Conference granted such permission to plaintiff to file the instant motion to compel further responses to defendant's supplemental responses to the request for production of documents, set one. The re...
2022.05.25 Demurrer, Motion to Strike 951
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.25
Excerpt: ...ency, California Department of Corrections and Rehabilitation, Brown, Schwarzenegger, Kernan, Beard, Cate, Hubbard, Hysen, Rothschild, Frauenheim, Trimble, Yates, Allen, Bonilla, Briggs, Lewis, Lozano, Martinez, Van Leer, and Uranday (“State defendants”) is sustained, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) The motion to strike is taken off calendar as moot in light of the ruling on the demurrer, and because the motio...
2022.05.24 Motion for Summary Judgment 461
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.24
Excerpt: ... numerous healthcare providers, commencing with her having knee replacement surgery. From there, she suffered through various complications, many of which she alleges were either caused or worsened by the treatment she received from the various defendants. Plaintiff's husband, Lloyd Anderson, also sued for loss of consortium against each defendant, but he died on December 20, 2019. Dr. Griffin seeks summary judgment of Ms. Anderson's twenty‐six...
2022.05.24 Demurrer, Motion to Strike 761
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.24
Excerpt: ...rder. Explanation: In her complaint, plaintiff alleges two causes of action (negligence and intentional tort) against defendant Kate Watts, an instructor employed by State Center Community College District (“SCCCD”). Paragraph 5 of the complaint is where plaintiff is to check boxes indicating whether she is required to comply with a claims statute, and either has complied or is excused from complying. Plaintiff checked no boxes, indicating sh...
2022.05.12 Demurrer 029
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.12
Excerpt: ... (“RAA”) demur to the twelfth cause of action of the fourth amended complaint, filed on May 19, 2021. In this iteration of the complaint, plaintiffs added RAA to the Private Attorneys General Act (“PAGA”) cause of action for penalties under PAGA. Exhaustion of Administrative Remedies Defendants first contend that plaintiffs failed to exhaust administrative remedies as to RAA. Under PAGA, a plaintiff must comply with statutory prerequisite...
2022.05.11 Motion for Terminating Sanctions 266
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.11
Excerpt: ...e plaintiff's complaint and dismiss the action against defendant Ittai Hernandez Rodriguez. To order plaintiff to pay additional monetary sanctions of $435 to plaintiff's counsel, Miller & Ayala, LLP, within 30 days of the date of service of this order. (Code Civ. Proc., § 2023.010.) Defendant shall submit a proposed judgment consistent with the court's order within 10 days. Explanation: Code of Civil Procedure section 2023.010, subdivision (g) ...
2022.05.11 Motion for Attorney Fees 981
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.11
Excerpt: ...has emphasized, “any SLAPP [(strategic lawsuit against public participation)] defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) Attorney's Fees While plaintiff has not filled an opposition to challenge the amount of fees to be awarded, the court may only award a reasonable fee. (Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 362.) Accordingly, the co...
2022.05.10 Demurrer, Motion to Strike 772
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.10
Excerpt: ...liction of emotional distress for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) To grant leave to amend as to the fourth cause of action. To deny both defendants' motions to strike the prayers for punitive damages, predeath pain and suffering damages, and attorney's fees from the first amended complaint. To grant the motions to strike with regard to the prayer for treble damages under ...
2022.05.10 Demurrer to FAC 941
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.10
Excerpt: ...County Economic Opportunities Commission (collectively “defendants”) demur on the ground that the complaint fails to allege facts sufficient to state causes of action against them and based on the applicable for statutes of limitations. Defendants specifically challenge the fourth, sixth, seventh, and eighth causes of action, for, respectively, intentional infliction of emotional distress, defamation, intentional interference with prospective...
2022.05.05 Motion to Dismiss SAC, to Strike SAC 552
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.05
Excerpt: ...ve Ruling: To deny the motion to dismiss and the motion to strike. To overrule the general demurrer on the ground of failure to state compliance with the Government Claims Act as to plaintiff Marissa Mercado, as successor‐in‐interest to the Estate of Maria Cumplido, and sustain as to plaintiff Marissa Mercado, an individual, and plaintiff Vanessa Mercado, with leave to amend. To overrule the general demurrer to the ninth cause of action on th...
2022.05.04 Demurrer to SAC 429
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.04
Excerpt: ...in 10 days of service of the order by the clerk. To overrule the general demurrer to the second cause of action. (Code Civ. Proc., § 430.10, subd. (e).) To grant judicial notice of items nos. 1 and 2 of defendant's request, but to deny item nos. 3 and 4. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties....
2022.05.04 Demurrer to SAC 201
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.04
Excerpt: ...tion: Meet and Confer The parties have not met and conferred as required by Code of Civil Procedure section 430.41, subdivision (a) and section 435.5, subdivision (a). Defense counsel's declaration filed April 26, 2022, and again on May 2, 2022, advises of two phone calls to plaintiffs' counsel's office on April 22, 2022, which were answered with a recording indicating no voicemail was set up and ending the call. There was no effort to contact pl...
2022.04.27 Motion to Stay Civil Action 129
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.27
Excerpt: ...eviating [the defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California Constitutions, a person has the right to refuse to answer potentially incriminating questions put to him or her in any proceeding. (U.S. Const., 5th Amend.; Cal. Const., art. 1, § 15; see Evid. Code, § 940.) The privilege against sel...
2022.04.27 Motion for Summary Judgment, Adjudication 632
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.27
Excerpt: ... on or before May 19, 2022. Explanation: This is a personal injury action arising out of an automobile accident allegedly caused by James Hinson, a Department of Transportation employee. The complaint alleges a single cause of action for motor vehicle negligence. The Judicial Council form complaint checks boxes indicating that plaintiff is required to comply with a claims statute and has complied. (Complaint ¶ 9(a).) Defendants move for summary ...
2022.04.27 Motion for Preliminary Approval of Class Action Settlement 821
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.27
Excerpt: ...the purposes of approving the settlement. Therefore, the court must first determine whether the class should be certified before deciding whether the settlement should be preliminarily approved. 1. Class Certification Where certification of a class is sought in conjunction with settlement, the motion is treated the same as if it were a motion solely for certification but for one factor – the proponent need not prove the case is manageable for t...
2022.04.27 Demurrer, Motion to Strike 142
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.27
Excerpt: ...grant the motion to strike in its entirety, without leave to amend. (Code Civ. Proc., § 436.) Explanation: Demurrer to First Cause of Action: Defendants demur to the first cause of action for breach of written contract, contending that plaintiff has not alleged a valid claim because the written contract only provides that plaintiff has a right of first refusal if defendant Don Milligan either decides to transfer the business to a third party, di...
2022.04.26 Motions for Attorney Fees 422
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.26
Excerpt: ...d Statewide General Election ballot that proposed to authorize the City of Fresno (“City”) to collect a 3/8 percent sales and use tax. The initiative received 52.17 percent affirmative votes and was declared failed on December 12, 2018 by the Fresno City Council, which believed that two‐thirds voter approval was required. Fresno Building Healthy Communities (“FBHC”) protested that decision, contending that only a simple majority was nee...
2022.04.26 Motion for Reconsideration or to Stay Trial 672
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.26
Excerpt: ...Cal. 2014) 63 F.Supp.3d 1171, cited for the first time by plaintiffs during oral argument on the motion and relied on by the court in its April 4, 2022 order denying the motion with respect to the trespass to chattels/conversion claims. The parties are to appear at the hearing on April 26, 2022, at 3:30 p.m. in Department 503, to discuss the briefing schedule and new trial date. To deny the request to stay the trial. Explanation: Motion for Recon...
2022.04.21 Motion for Terminating Sanctions 491
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.21
Excerpt: ...issues set forth below. All briefing must be filed on or before May 14, 2022. To vacate the existing trial date, trial readiness date, and mandatory settlement conference and schedule a trial setting conference on May 26, 2022, at 3:30 p.m., in Department 503. Explanation: Reconsideration of Court's December 9, 2021 December 21, 2021 Orders Deeming Requests to Admit Truth of Facts against Plaintiffs, Granting Defendant's Motions to Compel Plainti...
2022.04.21 Motion for Summary Adjudication 529
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.21
Excerpt: ...��) (collectively, “crosscomplainants”) an immediate duty to defend against plaintiff Gene Miller's (“plaintiff”) claims pursuant to the contractual language. To grant, in part, summary adjudication of Issue 3: Parsons and FMC's November 18, 2019 tender letter triggered Securitas' duty to immediately defend and indemnify Parsons and FMC against plaintiff's complaint. To deny summary adjudication of Issue 2: Securitas must indemnify Parson...
2022.04.19 Motion to Set Aside Default, Judgment 442
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.19
Excerpt: ...ervice of summons did not result in actual notice; and (3) The judgment is void due to plaintiff and plaintiff's counsel's conspiracy to commit fraud and because the court lacks jurisdiction to enter a judgment on a defendant based on a frivolous complaint. Relief Pursuant to Code of Civil Procedure section 473, subdivision (b) The trial court has broad discretion to vacate a judgment and/or the clerk's entry of a default that preceded it. Howeve...
2022.04.19 Motion for Summary Judgment 971
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.04.19
Excerpt: ...on plaintiff's complaint in favor of defendant James Britton (“Britton”). 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., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or no...

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