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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 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...
2024.04.10 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...

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