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2021.11.04 Motion for Reconsideration, for Terminating Sanctions 722
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.11.04
Excerpt: ...To grant plaintiff's motion for terminating sanctions against defendant Carney. (Code Civ. Proc., § 2023.030.) To strike defendant Carney's answer and enter default against him. Explanation: Defendant Castillo's Motion for Reconsideration: A party moving for reconsideration must show that there are “new or different facts, circumstances, or law” that justify reconsideration of the order. (Code Civ. Proc. § 1008, subd. (a).) “A party seeki...
2021.11.02 Motions for Validation Judgments 011
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.11.02
Excerpt: .... 1 and plaintiff Westlands Water District Distribution District No. 2 (collectively, “Westlands”). (Code Civ. Proc., § 860 et seq.) Explanation: 1. General Principles of Validation Actions “A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days thereafter, bring an action in the superior court of the county in which the principal office of the...
2021.10.27 Motions to Strike, to Tax Costs 792
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.27
Excerpt: ...f and failed to pay him wages owed. All defendants but NextStep Arthropedix, LLC were dismissed following grant of their motions to quash service of summons. They seek costs as prevailing parties pursuant to Code of Civil Procedure section 1032. “In the absence of a specific Labor Code provision, costs are awarded in employment dispute matters under Code of Civil Procedure section 1032.” (Ling v. P.F. Chang's China Bistro, Inc. (2016) 245 Cal...
2021.10.21 Motion to Compel Deposition Answers 651
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.21
Excerpt: ...006, plaintiffs were hired by the defendant Panoche Water District (“District”) as “canal men.” As such, they operated, maintained, produced, stored, transmitted and distributed water for irrigation, both domestic and industrial purposes. Plaintiffs allege that, prior to November 2016, the District violated wage and hour laws by not paying them overtime for work over 8 hours a day and/or work over 40 hours a week. On May 10, 2018, plainti...
2021.10.21 Motion to Compel Arbitration 515
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.21
Excerpt: ...e disputes are 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.) Written Agreement to Arbitra...
2021.10.19 Demurrer, Motion to Strike, to Quash Service of Summons 552
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.19
Excerpt: ...ith and Raquel Morelos; and (3) Motion to Quash Service of Summons by Defendants Brandi Marie Smith and Raquel Morelos Tentative Ruling: To sustain the general demurrer for failure to state sufficient facts as to the first through seventh and ninth causes of action, with leave to amend. To sustain the special demurrer for uncertainty as to the entire pleading, with leave to amend. To grant the motion to strike as to the entire pleading pursuant t...
2021.10.07 Motion to Lift Stay 292
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.07
Excerpt: ... burden of demonstrating that (1) an alternative forum is available; (2) that said alternative forum is adequate; and (3) that the balance of private and public interest factors tilts heavily in favor of the alternative forum. (Stangvik v. Shiley (1991) 54 Cal.3d 744, 751.) With respect to the first requirement, an alternative forum is “suitable” only if (1) there is jurisdiction over the defendant in the alternate forum; and (2) there is no ...
2021.10.07 Demurrer 792
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.07
Excerpt: .... All new allegations are to be set in bold. Explanation: A demurrer is only used to challenge defects that appear on the face of the pleading under attack, or from matters outside of the pleading that are judicially noticeable. (Code Civ. Proc., § 430.10; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Extrinsic evidence from the pleading otherwise cannot be considered. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.)1 Defendant general...
2021.10.07 Demurrer 034
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.07
Excerpt: ...chment) causes of action. To grant leave to amend as to the third and fourth causes of action, but no leave to amend as to the sixth cause of action. Explanation: Breach of Bylaws (Second Cause of Action) “Whether a set of bylaws constitutes a contract ‘turns on whether the elements of a contract are present.'” (O'Byrne v. Santa Monica‐UCLA Medical Center (“O'Byrne”) (2001) 94 Cal.App.4th 797, 808, quoting Scott v. Lee (“Scott”) (...
2021.10.06 Motion to Compel Responses, for Monetary Sanctions 620
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.06
Excerpt: ...ions to compel verified responses to form interrogatories ‐ general (set one), special interrogatories (set one), and demand for inspection of documents (set one) moot, as the requested responses appear to have been provided. To grant defendant's motion that the truth of the matters specified in the request for admissions (set one) be deemed admitted unless plaintiff serves, before the hearing, a proposed response to the requests for admission ...
2021.10.05 Motion to Compel Deposition Answers 651
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.10.05
Excerpt: ...ber 14, 2021. No reply to the response will be permitted. The Court continues the hearing to October 21, 2021, at 3:30 p.m., in Department 503. Explanation: Background On or about 2006, plaintiffs were hired by the defendant Panoche Water District (“District”) as “canal men.” As such, they operated, maintained, produced, stored, transmitted and distributed water for irrigation, both domestic and industrial purposes. Plaintiffs allege that...
2021.09.30 Motion for Summary Judgment 552
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.30
Excerpt: ... litigation by eliminating needless trials. (Cone v. Union Oil Co. (1954) 129 Cal.App.2d 558, 562.) Summary judgment is permissible in actions for declaratory relief. (Walker v. Munro (1960) 178 Cal.App.2d 67, 70‐71, overruled on other grounds by Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055.) Plaintiffs seek declaratory relief by judicial determination that the commercial general liability policy issued by defendant, for t...
2021.09.30 Motion to Compel Arbitration 181
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.30
Excerpt: ...ompel arbitration with JAMS. Explanation: With a motion to compel arbitration, the moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the 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...
2021.09.29 Demurrer, Motion to Strike 682
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.29
Excerpt: ...rike, without leave to amend, as to request 1 (page 5, paragraph 22), request 2 (page 14, paragraph 81), and request 3 (page 16, paragraph 92). To grant defendant's motion to strike, with leave to amend, as to request 4 (page 16, paragraph 95). Plaintiffs are granted 20 days, running from service of the minute order by the clerk, to file and serve a third amended complaint. All new allegations in the amended complaint are to be set in boldface ty...
2021.09.29 Demurrer, Motion to Strike 412
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.29
Excerpt: ...e).) To grant the motion to strike, with leave to amend. (Code Civ. Proc., § 436, subd. (a).) Plaintiff shall serve and file her third amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface type. Explanation: Demurrer Fourth Cause of Action for Constructive Fraud In ruling on a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that ma...
2021.09.28 Motion to Compel Arbitration and Stay Action 492
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.28
Excerpt: ...d Motor Company (“defendant” or “Ford”). As a part of that transaction, plaintiff signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. After problems with the vehicle ensued, this “lemon law” action was filed on February 19, 2021, against both Future Ford and Ford. However, plaintiff stated separate causes of action against each defendant. The causes of action stated against Ford are three cau...
2021.09.28 Motion for Attorney Fees 738
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.28
Excerpt: ... bench, petitioners seek to have the court award fees in addition to those that were conferred in the arbitration award that was served July 8, 2020 and that petitioners sought to confirm on February 5, 2021. The petition to confirm the award did not request attorney fees pursuant to the parties' agreement. (Petition to Confirm, filed February 5, 2021, ¶ 10f.) The arbitration award was confirmed and entered as judgment on March 4, 2021. The time...
2021.09.24 Motion for Summary Judgment, Adjudication 051
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.24
Excerpt: ...e Civ. Proc., § 437c.) To deem Aladdin's motion for summary adjudication of the eighth cause of action to be a motion for judgment on the pleadings, and to grant the motion without leave to amend for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438.) Explanation: Plaintiffs have sued Aladdin's Carpet for negligence and negligent infliction of emotional distress after their property was stolen from a sto...
2021.09.22 Motion for New Trial 841
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.22
Excerpt: ...summary judgment. (See Collins v. Sutter Memorial Hospital (2011) 196 Cal.App.4th 1, 8.) To prevail on the motion, plaintiffs must show that the order granting the motion for summary judgment was against the law, there was insufficient evidence, the court committed an error of law, or there was an incorrect or erroneous legal basis for the order that was not consistent with and not supported by the facts. (Code Civ. Proc., §§ 657, 663.) Plainti...
2021.09.22 Demurrer 360
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.22
Excerpt: ... the complaint may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: “Standing is the threshold element required to state a cause of action and, thus, lack of standing may be raised by demurrer.” (Martin v. Bridgewater Community Assn., Inc. (2009) 173 Cal.App.4th 1024, 1031.) A minor may have standing for a wrongful death cause of action “if, at the time of the decedent's...
2021.09.21 Motion to Dismiss Petition to Vacate Arbitration Award 482
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.21
Excerpt: ...acate [the arbitrator's] award.” (Code Civ. Proc., § 1285.) “A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.) “‘[I]f one wishes to have an award vacated or corrected he must act within onehundred days of service of the award or be precluded from attacking the award.'” (Coord...
2021.09.21 Motion for Leave to File SAC 511
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.21
Excerpt: ...court may ... in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ....” (Code Civ. Proc., § 473, subd. (a)(1); see also Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776‐777 [strong judicial policy favoring resolution of all disputed matters in one action].) “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as ...
2021.09.16 Motion to Compel Deposition, for Sanctions 261
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.16
Excerpt: ...ney C. Haron, a professional corporation, in the amount of $1,301.20. (Code Civ. Proc., § 2023.030, subd. (a).) Sanctions must be paid to the Vogl Meredith Burke LLP law firm within 30 days of the clerk's service of the minute order. Explanation: Motion to Compel Plaintiff's Deposition Code of Civil Procedure section 2025.450, subdivision (a) states that, “[i]f, after service of a deposition notice, a party to the action ... without having ser...
2021.09.16 Motion for Summary Judgment, Adjudication 701
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.16
Excerpt: ...s to this defendant, a dismissal of the other common counts must be filed and a judgment submitted within 10 days of notice of the ruling. Notice runs from the date that the minute order is served by the court, plus five days for service via mail. (Code Civ. Proc., § 1013.) Explanation: On December 23, 2020, plaintiff filed a Judicial Council form complaint alleging common counts for “open book account,” “account stated in writing,” “m...
2021.09.16 Demurrer 142
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.16
Excerpt: ...ses of action. Plaintiff shall serve and file his second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: First and Second Causes of Action – Breach of Written and Oral Contract: In its order sustaining the demurrer to the original complaint, the court noted that plaintiff had alleged that there was a written agreement, but did not attach it to the complaint. Plaintiff...
2021.09.14 Motion to Compel Responses, to Deem Admitted 261
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.14
Excerpt: ...s otherwise denied. All requests for sanctions are denied. Explanation: Plaintiff moves to compel responses from defendant Rattaire to the first set of form interrogatories, special interrogatories, production demands, and requests for admission. However, defendant Rattaire served responses to the discovery requests, albeit late. Since the responses were late, any objections are waived. (See Code Civ. Proc., §§ 2030.290, subd. (a); 2031.300, su...
2021.09.09 Motion to Strike Claim for Punitive Damages 012
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.09
Excerpt: ...ys for service via mail. (Code Civ. Proc., § 1013.) Explanation: As a matter of law, where the cause of action constitutes a tort, a plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (Civ. Code, § 3294, subd. (a)) The statute contains its own definitions: • “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant wi...
2021.09.09 Motion for Summary Judgment 552
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.09
Excerpt: ...tigation by eliminating needless trials. (Cone v. Union Oil Co. (1954) 129 Cal.App.2d 558, 562.) Summary judgment is permissible in actions for declaratory relief. (Walker v. Munro (1960) 178 Cal.App.2d 67, 70‐71, overruled on other grounds by Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055.) Plaintiffs seek declaratory relief by judicial determination that the commercial general liability policy issued by defendant, for the ...
2021.09.09 Motion for Attorney Fees 822
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.09
Excerpt: ...995) 11 Cal.4th 274, 278.) “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1032, subdivision (b), provides: “Except as otherwise express...
2021.09.08 Demurrer, Motion to Strike 291
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.08
Excerpt: ...d. (Code Civ. Proc., §§ 435, 436.) Plaintiffs 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: AMCO demurs to the sixth cause of action for breach of contract on the ground that it fails to state a cause of action because plaintiffs were not parties to the insurance policy, which was issued by AMCO to ...
2021.09.02 Motion for Summary Adjudication, for Pretrial Discovery of Profits and Financial Condition 831
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.09.02
Excerpt: ...cation A party may seek summary adjudication of affirmative defenses and duties owed to the plaintiff. (Code Civ. Proc., § 437c, subd. (f)(1).) Summary adjudication must only be granted if it completely disposes of an affirmative defense, or an issue of duty. (Ibid.) The rules applicable to summary judgments apply equally to motions for summary adjudication. (Blue Shield of Cal. Life & Health Ins. Co. v. Sup. Ct. (2011) 192 Cal.App.4th 727, 732....
2021.08.26 Motion for Summary Judgment, Adjudication 019
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.26
Excerpt: ...subdivision (c), “summary judgment is properly granted when there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Lowery v. Kindred Healthcare Operating, Inc. (2020) 49 Cal.App.5th 119, 123.) Summary judgment is warranted when the moving party shows by admissible evidence that the “action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c...
2021.08.19 Special Motion to Strike 981
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.19
Excerpt: ...tion (SLAPP) Overview The anti‐SLAPP statute describes claims within its purview: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a...
2021.08.19 Motion for Summary Judgment, Adjudication 311
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.19
Excerpt: ...al fact and the moving party is entitled to judgment as a matter of law.” (Lowery v. Kindred Healthcare Operating, Inc. (2020) 49 Cal.App.5th 119, 123.) Summary judgment is warranted when the moving party shows by admissible evidence that the “action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1).) To satisfy this burden, a moving defendant is not required to “conclusively ne...
2021.08.18 Demurrer 932
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.18
Excerpt: ...nd Deandre Whitten; (2) failure to prevent sexual harassment against defendant California Health Benefit Exchange (“Covered California”); (3) hostile work environment against all defendants; (4) retaliation for exercise of California Family Rights Act (“CFRA”) rights against all defendants; and (5) retaliation for exercise of Family Medical Leave Act (“FMLA”) rights against all defendants. Following meet and confer, the parties stipul...
2021.08.17 Motion to Strike Designation of Expert Witness 212
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.17
Excerpt: ...o augment in order to add William Spina, M.D. as plaintiff's retained standard of care expert. Explanation: Defendants' motion to strike pursuant to Code of Civil Procedure section 435 and/or section 436 is not the authorized method to exclude expert witnesses from testifying at trial. Those statutes concern striking matter asserted in a pleading. Expert witness disclosures – whether original, supplemental, augmented, or amended – are not ple...
2021.08.17 Motion for Leave to File SAC 081
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.17
Excerpt: ...nation: “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.) Judicial policy favors resolution of all disputed matters between the parties in the same law...
2021.08.17 Application for Default Judgment 410
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.17
Excerpt: ... Deborah Ann Fondrliak, owned the other 50 percent interest in the property after the death of her husband. Deborah passed her 50 percent interest in the property to plaintiff by will upon her death. Therefore, plaintiff only has a 50 percent joint tenancy interest in the property at this time based on her receipt of Deborah's share of the property. Nevertheless, plaintiff contends that defendant has abandoned his rights in the property because h...
2021.08.11 Motion to Compel Further Responses, for Sanctions 621
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.11
Excerpt: ...ating other employees' names and contact information to be maintained as “Attorneys' Eyes Only” and not shared with plaintiff; and (2) a Belaire‐West notice, the cost of which to be shared equally by the parties. To decline to award sanctions. Explanation: In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the s...
2021.08.10 Special Motion to Strike, for Attorney Fees 143
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.10
Excerpt: ...Coast Employment Lawyers, APLC, within 30 days of the clerk's service of the minute order. Explanation: The dismissal of the cross‐complaint at issue means the court does not rule on the motion. However, the court is not divested of its authority to determine attorney's fees, and the moving party has requested that the court make a ruling on the attorney's fees sought. (Law Offices of Andrew L. Ellis V. Yang (2009) 178 Cal.App.4th 869, 876.) In...
2021.08.10 Motion for Final Approval of Class Action Settlement 517
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.08.10
Excerpt: ...$264,000.00. To order that the parties lodge a proposed judgment (as revised according to footnote 1, below) by August 31, 2021, which lists the class certified, provides that the Court retains jurisdiction to enforce the settlement, and enters judgment on the settlement (with the settlement attached thereto). Notice of said judgment is to be given to class members by an insert with checks distributed, which refers the class to the Court's Odysse...
2021.07.27 Motion for Summary Judgment, Adjudication 011
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.27
Excerpt: ...ntative Ruling: To grant. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the ev...
2021.07.22 Motion for Summary Judgment, Adjudication 841
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.22
Excerpt: ...gon‐Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) Accordingly, the affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) “[A]ny doubts as to whether summary judgment is proper should be resolved against the moving party.” (Buehler, supra, 17 Cal.3d at p. 526.) A defendant moving for summary judgment bears the initia...
2021.07.21 Motion to Compel Complaince with Deposition Subpoena, for Monetary Sanctions 481
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.21
Excerpt: ...n”), the owner of the subject vehicle driven by Zachary but did not name Zachary as a defendant at the outset. Zachary contends that he was not named as a defendant until a year after the statute of limitations had run against him, and he disputes that plaintiff and his counsel were genuinely ignorant of Zachary's identity at the time the complaint was filed. In an effort to establish that plaintiff and his counsel were not genuinely ignorant o...
2021.07.21 Motion for Summary Judgment, Adjudication 219
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.21
Excerpt: ...y. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the evidence would allow a re...
2021.07.21 Motion for Attorney Fees 267
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.21
Excerpt: ...amount of $4,991.07, and Hardeep Singh (“Hardeep”) awarded costs in the amount of $3,764.25. Explanation: These motions relate to separate complaints filed by Surinder and Hardeep concerning the same commercial real estate transaction (sale of a gas station and minimart). Surinder was the seller, and Hardeep was the buyer. The sale process was long and complicated, and there were several addendums to the contract, some of which referenced rel...
2021.07.20 Motion to Compel Further Responses 722
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.20
Excerpt: ...fendant Osborn and her attorney. (Ibid.) Defendant Osborn shall serve further responses within 10 days of the date of service of this order. Explanation: Plaintiff seeks to compel defendant Osborn to provide a further response to requests 13 and 14, which seek any and all documents, including but not limited to notes, Facebook messages, text messages, memos, emails, letters, or journals sent by Osborn to Castillo, or received by Osborn from Casti...
2021.07.15 Motion for Summary Judgment, Adjudication 841
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.15
Excerpt: ...mmary judgment order. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the eviden...
2021.07.14 Demurrer, Motion to Strike 500
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.14
Excerpt: ...iled will run from service by the clerk of the minute order. To deny the motion to strike the First Amended Complaint. Explanation: Demurrer A demurrer is made under Code of Civil Procedure section 430.10, and is used to test the legal sufficiency of the complaint or other pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The demurrer admits the truth of all facts properly pleaded by the plaintiffs, as well as those that...
2021.07.14 Demurrer 429
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.07.14
Excerpt: ...uld plaintiff desire to file a second amended complaint, that complaint must be filed within 20 days from the date of service of this order and any new allegations must be in bold print. Defendant's request for judicial notice is denied. 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.” (Code Civ. Pro...

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