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2024.05.16 Motion to Stay Proceedings 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...ure sect ion 916, subdivision (a), “[e]xcept as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or ord...
2024.05.16 Motion to Disqualify Counsel 521
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...50-851.) Explanation: The court may disqualify an attorney based upon a conflict of interest on the motion of another party. (Code Civ. Proc., § 128, subd. (a)(5); In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 585; see also Cal. Rules Prof. Cond., rule 1.9(a).) There is sufficient evidence presented for the court to find that Anthony Werbin (“Werbin”) is disqualified from representing plaintiff in this matter. His own decla...
2024.05.16 Motion for Summary Judgment 721
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...e and such inferences ' in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) In making this determination, courts usually follow a three -prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determinin...
2024.05.16 Motion for Preferential Trial Setting 481
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16
Excerpt: ...eference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interes t in the litigation. (Code of Civ. Proc., § 36, subd. (a), emphasis added.) The intent behind the provision of a preferential trial setting is to “safeguard litigants who qualify u...
2024.05.15 Motion for Relief from Discovery Order 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.15
Excerpt: ...al discov ery conference. The court sets a pretrial discovery conference on June 14, 2024 at 10:30 a.m., in Department 503. Should plaintiff fail to participate in this conference or fail to agree to extend defendants' motion filing deadline, the court intends to re instate its August 4, 2023, order. Explanation: Pursuant to Code of Civil Procedure section 473, subdivision (b) (“473(b)”), plaintiff seeks relief from the court's order entered...
2024.05.14 Motion to Compel Arbitration and Stay Action 199
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14
Excerpt: ...d Amy Co rpus, an individual, move for an order compelling arbitration under the Federal Arbitration Act (“FAA”), and request to stay the action pending arbitration. Pursuant to the FAA, A written provision in … a contract evidencing a transaction involving commerc e to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irre...
2024.05.14 Motion to Compel Arbitration 792
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14
Excerpt: ...pute r esolution. To this end, ‘arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) In essence, “[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidenc...
2024.05.14 Demurrers to SAC 280
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14
Excerpt: ... shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: Plaintiffs Second Amended Complaint (“SAC”) alleges that, in the years preceding the subject fire, defendant California Department of Housing and Community Develo pment (“HCD”) had received numerous complaints of specific fire hazards by community members, park residents, and municipal police and fire department staff. Despite receiving...
2024.05.09 Petition to Perpetuate Testimony and Preserve Evidence 059
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.09
Excerpt: ...tain discov ery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for the purpose of perpetuating that person's own testimony or that of another natura l person or organization, or of preserving evidence for use in the event an action is subsequently filed.” (Code Civ. Proc., § 2035.010, subd. (a).) “The methods available...
2024.05.09 Motion to Compel Deposition of PMQ 052
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.09
Excerpt: ...de of Civ . Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541), and “[a]ny party may obtain discovery … by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Proper servi ce of a notice of deposition compels any deponent to attend, to testify, and to produce documents if requested. (Code Civ. Proc., § 2025.280, subd. (a).) Where a party deponent...
2024.05.08 Motion for Attorney Fees 481
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.08
Excerpt: ...on (d). Plainti ff submits a partially executed settlement agreement declaring Plaintiff as the prevailing party, entitling her to seek fees and costs. The settlement agreement is not subscribed by defendant Mercedes -Benz, USA, LLC (“Defendant”), against whom Plaintiff se eks to enforce this provision. In opposition, Defendant does not appear to contest the execution of the settlement agreement. The court finds that Plaintiff sufficiently s...
2024.05.08 Motion for Summary Judgment, Adjudication 582
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.08
Excerpt: ...s Associat ion (“POA”), (collectively “Defendants”) move for summary judgment of plaintiff's complaint on the basis that the undisputed material facts demonstrate defendants have a complete affirmative defense to the action, that the plaintiffs have failed to proffer evidence to support their claims, and that there is no merit to their causes of action. Defendants move in the alternative for summary adjudication of each cause of action wi...
2024.05.08 Motion to Strike Answer 532
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.08
Excerpt: ...d. (b).) Legacy's default may not be taken during the 30 -day leave to amend period. The time in which the answer may be amended will run from service by the clerk of the minute order. Explanation: The court previously continued plaintiff's motion to strike to allow time fo r the parties to meet and confer on the issue. Plaintiff's counsel, Stephanie J. Schiern, has filed a declaration indicating that the parties have properly met and conferred....
2024.05.07 Motion to Compel Further Responses, for Sanctions 351
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.07
Excerpt: ...otion t o compel responses from defendant Abigail Abel. To deny the motion to compel responses from defendant Rich Villapando as moot. To impose monetary sanctions in the amount of $44.50, in favor of plaintiff Jackie York and against defendant Rich Villapando. Within thirty (30) days of service of the order by the clerk, defendant Rich Villapando shall pay sanctions to plaintiff Jackie York. Explanation: Motion to Compel Responses – Abigail Ab...
2024.05.07 Demurrer, Motion to Strike 851
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.07
Excerpt: ...urrer 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 co ncern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In asses...
2024.04.30 Motion to Enforce Settlement Agreement and Enter Judgment, for Attorney Fees 071
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.30
Excerpt: ...planation: Under Code of Civil Procedure section 664.6, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, up on motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performa...
2024.04.30 Motion for Preliminary Approval of Class Settlement 205
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.30
Excerpt: ...li minary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters de emed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a class action, notice of the fin...
2024.04.30 Demurrer to FAC 701
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.30
Excerpt: ...the allegations of the first amended complaint show that she has an absolute defense to the claim because she has been in adverse possession of the subject property for over five years before the complaint was filed and thus plaintiff has no right to partition the property. Adverse possession may be the basis for either a cause of action or an affirmative defense. (Family Service Agency of Santa Barbara v. Ames (1958) 166 Cal.App.2d 344, 348.)...
2024.04.24 Motion for Terminating Sanctions 212
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.24
Excerpt: ... on t he required Judicial Council forms. To strike the answer filed August 21, 20231. This answer was filed to the First Amended Complaint which was stricken pursuant to the August 18, 2023 Order After Hearing for being filed without leave to amend. Explanatio n: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure section 2023.010, subdivision (g), ...
2024.04.23 Motion to Set Aside Default 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.23
Excerpt: ...ation: Attorney Affidavit of Fault: The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable negle ct.” (Code Civ. Proc. § 473, subd. (b).) “[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an...
2024.04.16 Motion for Leave to File SAC 628
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.16
Excerpt: ...n: Motions for leave to amend the pleadings are directed to the sound discretion of the trial court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]” (Code Civ. Proc., § 473, subd. (a)(1); see also Code Civ. Proc., § 576.) Judicial policy favors resolution of cases on the merits, and thus the court's discretion to allow amendments will usually be exercised in favor of perm...
2024.04.16 Demurrer to FAC 981
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.16
Excerpt: ...enteri a in light of the dismissal entered November 17, 2023 as to this defendant. Explanation: No Continuance/Extension Plaintiff, after the time his opposition was due, has filed a request for a continuance or extension of time to file his opposition. This req uest was filed as a notice and motion, without a new hearing date attached to said notice. In addition to procedural issues with this request, the request does not appear well founded....
2024.04.11 Motion for Preliminary Approval of Class Settlement 205
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.11
Excerpt: ... requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to th e class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a ...
2024.04.10 Demurrer to FAC 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ... of the min ute order, a proposed judgment dismissing the first amended complaint as to the demurring defendant. Explanation: Plaintiff, S.C., sued the County of Fresno (County), KTDA Group Home, Inc. (Facility), and Does 3 through 25, in a revival action under Cod e of Civil Procedure section 340.1. S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the defendants' legal custody, care, and contro...
2024.04.10 Demurrer, Motion to Strike 022
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ...st 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 p ossible difficulty 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 aga...
2024.04.10 Demurrer, Motion to Strike 802
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ... of the service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of action for "Fraudulent InducementConcealment” on the basis that it is barred by the three -year statute of limitations. (Code Civ. Pr oc. § 430.10, subd. (e).) Plaintiff purchased a 2020 Chevrolet Silverado 1500 truck on February 8, 2020 and this action was not filed until May 11, 2023. Defendant conten...
2024.04.10 Motions for Leave to File Amended Complaints 011
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.10
Excerpt: ...ithin 10 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding b y adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or de...
2024.04.09 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ...he court previo usly denied the motion on the basis that defendant did not meet its burden to establish the independent contractor relationships between the parties. Defendant now moves for summary judgment or, alternatively, summary adjudication on the issue of its duty to plaintiffs with evidence obtained after the court ruled on the initial motion. (Code Civ. Proc. § 437c, subd. (f)(2).) Plaintiffs objection to hearing the second motion on it...
2024.04.09 Motion for Dismissal, for Judgment on the Pleadings 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ... grant defendants Fresno County Economic Opportunities Commission and Brian Angus's motion for dismissal. Defendants Fresno County Economic Opportunities Commission and Brian Angus are directed to submit a proposed judgment within five days of service of the minute order consistent with the order. To deny the motion for judgment on the pleadings of the entirety of the second amended complaint. To grant the motion to bifurcate trial into a liabil...
2024.04.09 Demurrer, Motion to Strike 431
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ..., a nd 71 of the complaint. To deny the motion to strike the “Introduction and Summary of Case” from the complaint. To grant the motion to strike the references to attorney's fees from paragraphs 33, 38, 44, 52, 58, 64 of the complaint, and the prayer for re lief on the second cause of action, paragraph 8, the prayer for relief on the third cause of action, paragraph 7, the prayer for relief on the fourth cause of action, paragraph 8, the pra...
2024.04.09 Demurrer 241
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.09
Excerpt: ...ded Complaint. The time in which the First Amended Complaint can be amended will run from service by the clerk of the minute order. All new allegations in the First Amended Complaint are to be set in boldface type. Explanation: Defendants demur to each cause of action asserted in the complaint for failing to state facts sufficient to state a claim and uncertainty. First Cause of Action – Discrimination Government Code section 12940, subdivision...
2024.04.04 Motion for Summary Judgment, Adjudication 502
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.04
Excerpt: ... 1207.) The cou rt does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy 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...
2024.04.04 Motion for Attorney Fees 210
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.04.04
Excerpt: ... nonmeritorio us litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a).) Plaintiff/crossdefendant prevailed on her anti -SLAPP motion as to the defendants/cross -complainants' cross complaint. The prevailing defendant on a special motion to strike “shall be entitled” to recover his or her attorney fees and costs, and this fee award is mandatory. (C...
2024.03.28 Motion to Deem RFAs Admitted, to Strike Answer 532
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.28
Excerpt: ..., 2024, a t 3:30 p.m., in order to allow the parties to meet and confer in person or by telephone, as required. If this resolves the issues, plaintiff's counsel shall call the court to take the motion off calendar. If it does not resolve the issues, plaintiff's coun sel shall file a declaration, on or before Wednesday, May 1, 2024, stating the efforts made. To grant and to award monetary sanctions in the total amount of $680 against defendant Sa...
2024.03.21 Motion to Compel Arbitration and Stay Proceedings 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21
Excerpt: ...the mo tion 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.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcio...
2024.03.21 Motion to Compel Arbitration 220
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21
Excerpt: ... ag reement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the...
2024.03.21 Motion for Summary Judgment, Adjudication 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.21
Excerpt: ...d to submit to this court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To deny Dr. Levine's motion. Explanation: The plaintiffs, Dr. Sarah Yost and Kelly Yost, sued two surgeons, Dr. Derek Taggard a nd Dr. Nicholas Levine, and Fresno Community Hospital and Medical Center dba Community Regional Medical Center and Community Health System ("CRMC") after Dr....
2024.03.20 Motion for Waiver of Bond Requirement 672
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.20
Excerpt: ... to stay e nforcement of the money judgment against them individually together with their employer the County of Fresno. “Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgm ent or order is for any of the following: [¶] (a) Money or the payment of money … .” (Code Civ. Proc. § 917.1, subd. (a).) Code of Civil Procedure section 995.220, states in re...
2024.03.19 Motion to Deem Truth of Facts, for Monetary Sanctions 471
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19
Excerpt: ... this o rder, with the time to run from the service of this minute order by the clerk. The matters specified in plaintiff's Requests for Admission, Set One, propounded on defendant Jose Lopez dba Jose's Lawns (“defendant”) are deemed admitted, unless defendant se rves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with the Code of Civil Procedure, section 2033.220. Defendant shall ser...
2024.03.19 Motion for Summary Judgment, Adjudication 859
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19
Excerpt: ...ng (“DEFH”) issued a right to sue notice on July 6, 2021, which required plaintiff to commence a court action within one year from that date. Plaintiff has provided competing evidence, however, demonstrating that DFEH issued a right to sue notice on July 8, 2022 whic h addressed previous as well as newly alleged incidents. Measured from the July 8, 2022 right to sue notice, plaintiff's complaint is timely. Yet, Neil Jones' reply brief does no...
2024.03.14 Motion to Expunge Lis Pendens 019
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ... Offi ce. Defendants' counsel is to prepare proposed orders for the court to include this information, which shall be provided by plaintiff's counsel. To grant defendants attorney's fees in the sum of $2,063.75. (Code Civ. Proc., § 405.30.) Plaintiff shall pay the attorney's fees to defendants' attorney within 30 days of service of the order by the clerk. Explanation: A lis pendens may be expunged on the grounds of 1) a void and invalid lis pend...
2024.03.14 Motion to Enforce Settlement Agreement and Enter Judgment, for Attorney Fees 071
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...te, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “If the court determines that the parties entered i...
2024.03.14 Motion to Approve Revised PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...ttorney F ee Split Agreement. To approve the requested settlement administration fees of $4,250 to Phoenix Class Action Admiration. Explanation: Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governm ent itself, a judgment in that action binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government. The act author...
2024.03.14 Demurrer, Motion to Strike 281 (2)
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...nt (the "FAC") that he purchased a 2018 Chevrolet Silverado (the "Vehicle") on April 5, 2019. The plaintiff alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information , including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the pub...
2024.03.13 Motion to Compel Arbitration and Stay Proceedings 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13
Excerpt: ...�� a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enf orceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ensuring that private arbitr...
2024.03.13 Motion to Compel Arbitration 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13
Excerpt: ...reed to arbitrate.” (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) “Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute.” (Mendez v. Mid -Wilshire H ealth Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. (“Honda”) moves to compel arbitration of plaintiffs' action pursuant to an arbitration cla...
2024.03.12 Motion to Strike Punitive Damages from SAC 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12
Excerpt: ...gations shall be in boldface. Explanation: Defendant General Motors, LLC (“Defendant”) moves to strike the prayer for punitive damages from the Second Amended Complaint (“SAC”).1 Defendant argues that punitive damages are not authorized under the Song -Beverly Consumer Warranty Act, and unsupported by the allegations to satisfy Civil Code section 3294. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively “Plaintiffs”) ag...
2024.03.12 Motion to Enter Corrected Judgment of Partition 620
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12
Excerpt: ...to enter a corrected judgment because the original judgment incorrectly states that defendant Charmla Capanaro has a 3.5% interest in the property, when in fact she has a 4% interest. Also, Charmla has now passed away, so the judgment needs to be corrected to substitute her testate and intestate successors as the property owners in her place. The court does have the power to correct clerical errors in its judgment. (In re Goldberg's Estate (1938)...
2024.03.12 Demurrer, Motion to Strike to FAC 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.12
Excerpt: ... acti on and the prayer for attorney's fees. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the general demurrer to the sixth and seventh causes of action. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To deny the motion to strike. To grant defendant's request...
2024.03.07 Demurrer to FAC, Motion to Strike Punitive Damages 411
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.07
Excerpt: ...0 , subd. (e).) The time in which the complaint may be amended will run from service of the order by the clerk. All new allegations are to be placed in boldface type. To deny the motion to strike punitive damages allegations. (Code Civ. Proc., § 436.) Ex planation: Defendants demur to the third through ninth causes of action, and move to strike the punitive damages allegations from the First Amended Complaint (“FAC”). Demurrer Claims Against...
2024.03.07 Motion to Abate, Stay, or Consolidate Actions 601
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.07
Excerpt: ...ternative request to consolidate the actions, as a complete consolidation for all purposes, including trial and discovery. The lead case will be number 22CECG01601. Defendant is ordered to file and serve a notice of entry of this ord er in all actions, properly captioned with all case names and numbers. Other than this, all further documents filed in the case shall be filed only in the lead case, and shall include the caption and case number o...
2024.03.07 Motion to Deem RFAs Admitted, for Monetary Sanctions 611
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.07
Excerpt: ...laintiff, payable within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. The matters specified in defendant's Requests for Admission, Set One, propounded on plaintiff are deemed admitted, un less plaintiff serves, before the hearing, proposed responses to the requests for admission that re in substantial compliance with the Code of Civil Procedure, section 2033.220. Plaintiff shall serv...
2024.03.05 Motion to Approve PAGA Settlement 976
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.05
Excerpt: ....00. To appoint CPT Group, Inc. as settlement administrator and approve costs to administer in the amount of $8,000.00. Plaintiffs are directed to submit a new proposed order. Explanation: 1. Introduction Under Labor Code section 2699, “[t]he supe rior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the ...
2024.02.29 Motion for Approval of PAGA Settlement, to Dismiss Cause of Action 112
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.29
Excerpt: ...on Under Labor Code section 2699, “[t]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in...
2024.02.29 Motion for Approval of PAGA Settlement 802
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.29
Excerpt: ...ve costs to administer in the amount of $3,250.00. Plaintiff is directed to submit a new proposed order. Explanation: 1. Introduction Under Labor Code section 2699, “[t]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) ‘“‘A representative ...
2024.02.28 Motion for Sanctions 951
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.28
Excerpt: ...s from the date of service of the order by the clerk, to counsel for defendants Hope Benites Serna and Fernando Serna. Explanation: On September 6, 2023, defendants Hope Benites Serna and Fernando Serna (collectively “Defendants”) filed a Request for Pr etrial Discovery Conference, consistent with Fresno Superior Court Local Rules, Rule 2.1.17 regarding disputes between the parties on discovery. On September 25, 2023, noting that plaintiff A...
2024.02.28 Motion for Determination of Good Faith Settlement 362
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.28
Excerpt: ... v. Woodward -Clyde & Assocs. (1985) 38 Cal.3d 488, 499 (Tech -BIlt)) include “a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, a nd a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial condition...
2024.02.27 Motions for Relief from Deemed Admissions 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.27
Excerpt: ... for relief.” However, this misstates the holding of Gribin Von Dyl & Associates, Inc. v. Kovalsky (1986) 185 Cal.App.3d 653. There, the court said a party seeking relief “under a court's equity power must make a stronger showing than is necessary to obtain relief under section 473.” (Id. at p. 660, emphasis added.) It did not find that the showing for a request for relief based on “mistake, inadvertence, or excusable neglect” unde...
2024.02.22 Motion to Compel Initial Responses, for Monetary Sanctions 742
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.22
Excerpt: ... the special interrogatories. However, the court will grant sanctions against HTV for its unjustified failure to serve timely responses to the discovery, in the amount of $585. HTV shall pay sanctions to Varo within 30 days of the date of ser vice of this order. HTV's request for sanctions against Varo is denied. Explanation: The court intends to deny Varo's motion to compel initial responses to special interrogatories, as HTV has now served ver...
2024.02.22 Motion for Summary Judgment, Adjudication 772
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.22
Excerpt: ...f ser vice of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Admiral moves for summary judgment or in the alternative, for summary adjudication as to the first and second causes of action in the Fourth A mended Complaint for breach of contract and breach of implied covenant of good faith and fair dealing. Evidentiary Objections and Requests for Judicial Notice Admiral's evidentiary objectio...
2024.02.22 Motion for Preliminary Injunction 940
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.22
Excerpt: ...beer bottles on plaintiff's property. Second, on June 4, 2023, the entrance gate was left open. Third, on January 22, 2024, the entrance gate was closed, but not securely latched. Fourth, and primarily, defendants are driving on the dirt road, and the Behrens improved the roadway by paving and grading (though plaintiff only seeks to have defendants stick to the easement boundaries). An injunction may be granted “[w]hen it appears by the complai...
2024.02.22 Motion for Leave to File SAC 741
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.22
Excerpt: ...ocedur e section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form w here there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citat...
2024.02.15 Motion for Summary Adjudication 029
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.15
Excerpt: ...on: Plaintiffs in this action allege various causes of action, including wage and hour violations, stemming from the defendants' alleged misclassification of Certified Registered Nurse Anesthesiologists as 1099 independent contractors. On 12/16/2022, defendant CRAMG filed a Voluntary Petition for Non -Individuals Filing for Bankruptcy under Chapter 7 (“Bankruptcy Petition”). (UMF 3.) On 1/12/2023, defendants filed a Notice of Bankrupt...
2024.02.15 Demurrer, Motion to Strike 301
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.15
Excerpt: ...amended complaint within 10 days of the date of service of this minute order by the clerk. All new allegations shall be in boldface. Explanation: Plaintiff PM Transport, Inc. (“Plaintiff”) filed a Complaint regarding the lease of two trailers. The C omplaint states six causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligence; (4) unjust enrichment; (5) conversion; (6) violation o...
2024.02.14 Petition to Compel Compliance with Project Labor Agreement Up to and Including Arbitration 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.14
Excerpt: ...ement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agree...
2024.02.08 Motions to Set Aside Default, to Strike 720
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.08
Excerpt: ...cument included in defendant's request for judicial notice. (Evid. Code, § 452, subd. (d).) Explanation: Defendant moves to set aside his default on the ground of inadvertence, surprise, mistake, and excusable neglect under Code of Civil Procedure, section 473, subdivision (b). The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the mo...
2024.02.08 Demurrer to FAC, Motion to Strike 622
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.08
Excerpt: ...ted 30 days' leave to Þle the Þrst amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations/language in the Þrst amended complaint are to be set in boldface type. To Þnd moot defendant's motion to strike the prayer for punitive damages in light of the ruling sustaining the demurrer to all causes of action. Explanation: In California, a complaint shall contain a s...
2024.02.08 Demurrer 841
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.08
Excerpt: ...hich the complaint may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Oral argument shall be heard on Wednesday, March 20, 2024 at 3:30 p.m. in Department 503. Explanation: A party may Þle a general demurrer on claims that “[t]he pleading does not state facts su¯icient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 5...
2024.02.07 Demurrer 742
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.07
Excerpt: ... s er v i c e o f th i s o rd e r. A ll n ew all egati o n s s h a ll b e i n b o l d face. E x p l an ati o n : C ross - defendant Mutari demurs to the Þrst cross-claim for breach of contract on the ground that it fails to state a cause of action against it, as Mutari was not a party to the purchase agreement that forms the basis for the cause of action. Mutari points out that the cross-complaint only alleges a purchase agreement to buy the sub...
2024.02.07 Demurrer 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.07
Excerpt: ...e court does not concern itself with the issue of plainti¯'s p o s s i b l e d i¯iculty or inability in proving the allegations of their complaint. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572; Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) The complaint is liberally construed (Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 517; Code Civ. Proc., § 452), which “means that the reviewing court draws inferences favorable to t...
2024.02.06 Motion to Compel Deposition of PMQ 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.06
Excerpt: ...t in the total amount o $1,875. Monetary sanctions are ordered to be paid within 30 calendar days rom the date o service o the minute order by the clerk. Explanation: On January 3, 2024, this motion was continued when the parties Þled a joint statement indicating that the they had agreed to schedule the deposition or on or beore January 31, 2024. The court has not received an update rom the parties and the matter was not taken o¯ calend...
2024.02.06 Motion for Sanctions 529
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.02.06
Excerpt: ...Sanctions: First, plainti¯'s motion is defective, since plainti¯ never Þled or served a notice of motion as required by California Rules of Court, rules 3.1110 and 3.1112. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.1110(a). The motion must also identify the party or parties bringing the motion; name the parties to wh...
2024.01.31 Motion for Leave to File SAC 082
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.31
Excerpt: ...this motion within 10 days of the clerk's service of the minute order. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justiÞed: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing 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 o...
2024.01.23 Demurrer to FAC 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ...subd. (e).) Moving parties shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to them. Explanation: Plaintiff alleges that she was discriminated against based on her race in her employment with Omni Family Health Organization. She sues Omni and three Omni employees (Joseph Hayes, Aurora Cooper and Gloria Pacleb) for (1) hostile work environment racial harassment; failure to p...
2024.01.23 Motion for Approval of PAGA Settlement 999
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ...ction brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. Oskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative act...
2024.01.23 Motion for Settlement Approval of PAGA Claims 992
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.23
Excerpt: ... 3 Cal. 5th 531, 549, citing Labor Code section 2599(1)(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 PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law vio...
2024.01.18 Motion to Tax Costs, Enforce Settlement 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.18
Excerpt: ...cted to submit a proposed judgment. Explanation: Tax Costs On August 29, 2023, judgment was entered in the consolidated matter in favor of defendant Haight Brown & Bonesteel, LLP ("Defendant") and against plaintiff Hallmark Specialty Insurance Company ("Hallmark") following the granting of a motion for nonsuit. Defendant filed a memorandum of costs for $122,662.55. Hallmark seeks to tax those costs. Specifically, Hallmark objects to certain entri...
2024.01.18 Motion for Final Approval of Class Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.18
Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 16, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the co...
2024.01.17 Motion for Preliminary Injunction 281
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.17
Excerpt: ... injunction. The matter is not being heard on an ex parte basis. A preliminary injunction may be granted any time before judgment upon affidavits that show sufficient grounds, and notice to the opposing parties. (Code Civ. Proc. S 527, subd. (a).) Generally, the complaint must set forth a cause of action for injunctive relief to support the issuance of a preliminary injunction. (See Code Civ. Proc. S 526, subd. (a)(1)-(2).) However, a preliminary...
2024.01.11 Anti-SLAPP Motion to Strike 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.11
Excerpt: ...ustin Harris only, including the language "and/or Defendant Harris" contained in paragraph 74. Explanation: Objection The court sustains the hearsay objection to paragraph 10 of the Aretakis Declaration. Ant-SLAPP A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought "primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grievances." (Code Civ. Proc., S 425.16,...
2024.01.09 Motion for Summary Judgment 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.09
Excerpt: ...or about November 5, 2020, Plaintiff, a minor, was a guest at the home of defendants Jason Mengior Pritchard Sr., Jason M Pritchard II, David Garrett and Desiree Garrett. Defendants allegedly gave alcoholic beverages to plaintiff and provided more alcohol after plaintiff was obviously intoxicated. Plaintiff left the location, apparently on foot, and was struck by a car. The parties are all in agreement that plaintiff's negligence claim relies on ...
2024.01.09 Demurrer to SAC 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.09
Excerpt: ...tate facts sufficient to constitute a cause of action, with leave to amend. Plaintiffs shall serve and file their third amended complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: CSU and the Association's Demurrer to Third Cause of Acton: Defendants demur to the third cause of action for intentional interference with contractual relationship on the ground that they are not "stran...
2024.01.04 Motion for Final Approval of Class Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.04
Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 11, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the co...
2024.01.03 Motion to Compel Deposition of PMQ 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.01.03
Excerpt: ...in the total amount of $1,875. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Objections The court overrules plaintiff's objections to paragraphs 5 and 8-12 of the Brar Declaration. Motion to Compel Attendance On April 25, 2023, plaintiff served a Notice of Deposition for General Motors' ("GM") Person Most Qualified ("PMQ") for May 23, 2023. (Sanjur-Van Bra...
2023.12.21 Motion to Compel Responses, for Monetary Sanctions 100
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...(a).) Explanation: Defendant Anglican Diocese of San Joaquin's (hereinafter "Defendant) motions cannot be granted, because its service of the subject discovery: form interrogatories, special interrogatories and document requests and these motion papers is defective. Defendant indicates that it, through its former counsel Rayma Church of Church Law Group, Inc., served the subject discovery requests directly on plaintiff M.S. on September 1, 2022, ...
2023.12.21 Motion for Leave to File SAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...sion (a), "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be j...
2023.12.21 Motion for Final Approval of Class Action Settlement 591
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.21
Excerpt: ...to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at December 4, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than November 18, 2024. Explanation: "Before final approval, the court mus...
2023.12.20 Demurrer to FAC and SAC 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.20
Excerpt: ...he demurrer to the complaint and first amended complaint are rendered moot by plaintiff's filing of the second amended complaint. The court intends to sign the proposed order lodged on July 20, 2023. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle acc:ident, contending that the complaint, first amended complaint, and second amended complaint fail to state cause of action, there is a nonjoi...
2023.12.19 Motion to Deem RFAs Admitted, for Monetary Sanctions 772
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.19
Excerpt: ...ative Ruling: To deny defendant Admiral Insurance Company's ("Admiral") motions for an order deeming requests to admit truth of facts against plaintiff Shaw Creek Homeowners Association admitted, and to compel plaintiff's responses to Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, since plaintiff responded to the discovery requests on August 18, 2023. To award monetary sanctions ...
2023.12.19 Motion for Summary Judgment 829
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.19
Excerpt: ...the First Amended Complaint, which will run from service by the clerk of the minute order. Explanation: Defendant SMART Sheet Metal Workers' Local Union No. 104 moved for summary judgment of plaintiff Earl Riley's complaint on the basis that there is no triable issue of material fact and defendant is entitled to judgment as a matter of law. The operative complaint was filed on March 16, 2022. Defendant filed its answer generally denying the alleg...
2023.12.14 Motion for Summary Judgment, Adjudication 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.14
Excerpt: ...portation Authority's Request for Judicial Notice Tentative Ruling: To grant respective requests for judicial notice. To grant motion for summary judgment. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Each request for judicial notice was unopposed. The matters of which judicial notce was requested to be taken consis...
2023.12.14 Motion for Summary Judgment 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.14
Excerpt: ...well as attorneys' fees under the franchise agreements. On 2/11/21 the court granted DDR's ex parte application for temporary restraining order and OSC re preliminary injunction. On 3/30/31 the court granted a preliminary injunction prohibitng plaintiff from displaying certain signage in his Deli Delicious restaurants, purchasing or serving bread from unapproved vendors, serving food in unapproved packaging, and required defendant to display requ...
2023.12.13 Motion to Compel Further Responses 461
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.13
Excerpt: ...iate Athletic Ass'n (1994) 7 Cal.4th 1, 26.) To grant the motion to compel further responses to Form Interrogatories, Set One, as to Request Nos. 1.1, 3.3, 3.6, 4.1, 4.2, and 15.1, and to deny as to Request Nos. 50.1-50.5. (Code Civ. Proc., S 2031.310, 2030.300.) Defendant shall serve verified supplemental responses without objections as specified above within 30 days of the date of service of this order. Explanation: Plaintiff moves to compel de...
2023.12.13 Demurrer, Motion to Strike 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.13
Excerpt: ...: Demurrer The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) In a...
2023.12.12 Motion for Determination of Contractual Provision 710
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.12
Excerpt: ...elease in a related matter to the present action. Plaintiffs seek this relief pursuant to Code of Civil Procedure section 187, which grants a trial court the inherent authority to control litigation procedure. In seeking to invoke the trial court's inherent authority, Plaintiffs submit that a waiver provision in a related matter may be applicable to the present matter. The waiver provision purports to be a settlement agreement between Plaintiffs ...
2023.12.07 Motion for Summary Judgment, Adjudication 761
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.07
Excerpt: ...liction of emotional distress, among others, all of which took place at the residence and with knowledge of the other defendants. Defendants Ravinder, Harbans and Parmjit Taggar ("Parents"), and Sahara SRL, Inc. ("Sahara SRL") now move for summary judgment, or in the alternative for summary adjudication. The Complaint asserts the following causes of action: 1. Sexual Battery (Civ. Code, S 1708.5) against Ravinder; 2. Domestic Violence (Civ. Code,...
2023.12.06 Motion to Approve PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.06
Excerpt: ...brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative action i...
2023.12.06 Motion for Preliminary Injunction 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.06
Excerpt: ..., consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procu...
2023.12.05 Motion for Summary Judgment, Adjudication 451
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.12.05
Excerpt: ...se the curb on which she tripped was not a dangerous condition, or even if it was, it was an open and obvious condition and thus defendant had no duty to warn plaintiff of it or remedy the condition. However, the question of whether a condition is dangerous, and whether it is open and obvious, is generally an issue of fact for the jury to decide. "Civil Code secton 1714, subdivision (a), provides in relevant part: 'Every one is responsible, not o...
2023.11.30 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.11.30
Excerpt: ... defendant SWH Mimi's Café', LLC to respond to the second set of form interrogatories, without objections. Defendant shall serve verified responses without objections within 10 days of the date of service of this order. To grant the motion to deem SWH Mimi's Café, LLC to have admitted the truth of the matters and the genuineness of all documents in the requests for admissions. Defendants are deemed to have waived all objections to the requests ...

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