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2023.03.15 Motion for Preliminary Approval of Class Action Settlement 624
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.15
Excerpt: ...iminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for...
2023.03.14 Motion to Compel Arbitration and Stay Pending Arbitration 061
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.14
Excerpt: ...me with certain warranties. Problems with the vehicle ensued which form the basis of the instant complaint for damages. Plaintiffs brought seven causes of acton against defendant Nissan North America, Inc. for negligent repair and failure to replace the vehicle. All of the causes of action against defendant comprise alleged breaches of Civil Code, section 1790 et seq. regarding consumer warranties, and fraud by omission that defendant was aware o...
2023.03.09 Motion for Judgment on the Pleadings 041
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.09
Excerpt: ... be amended will run from service of the order by the clerk. All new allegations shall be in boldface font. Explanation: On December 29, 2016 plaintiff purchased a new 2016 Hyundai Veloster from Lithia Hyundai of Fresno, which vehicle was manufactured or distributed by defendant Hyundai Motor America ("HMA"). Problems with the vehicle ensued, specifically with the 1.6L Gamma engine, and this "lemon law" action was filed on April 13, 2021, against...
2023.03.02 Motion to Stay, Demurrer, Motion to Stay, to Compel Further Responses 462
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.02
Excerpt: ...ant the motions to stay. This action is stayed pending the outcome of the appeals of the judgment of the underlying matter, Nicholas Merlo v. Pristine Surgery Center, Inc., Fresno Superior Court Case No. 18CECG03026, consolidated under Appeal No. F083804. To grant defendants' requests for judicial notice. To take the demurrer and motion to compel further responses off calendar in light of the ruling on the motions to stay. The parties shall infor...
2023.03.02 Demurrer to TAC 201
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.02
Excerpt: ... leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant defendants Freitas and Sea Pine Ventures' motion for judgment on the pleadings as to the first cause of action in the third amended complaint for failure to state facts sufficient to constitute a cause of action, without leave to amend. (Code Civ. Proc. § 438.) To deny defendants' motion as to the third cause of action. Plaintiffs shall serve and file their fourth amended complain...
2023.03.01 Motion to Deem RFAs Admitted, for Monetary Sanctions 491
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.03.01
Excerpt: ...Production of Documents; and for Monetary Sanctions Tentative Ruling: To grant and to award monetary sanctions in the total amount of $750 against plaintiff Tiernan Deedon, and plaintiff's attorney Justin B. Toobi, jointly and severally, 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 Mikhail Safwat, aka Safwat Michael's (“Mr. Safwat”...
2023.02.28 Demurrer 909
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.28
Excerpt: ...ratory relief filed September 29, 2021. Plaintiffs seek to declare title to and the sale of real property in Fresno known as 7212 W. Belmont Avenue (“7212 Property”) and 7182 W. Belmont Avenue (“7182 Property”). Demurrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stati...
2023.02.23 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ...rifications to his responses to Special Interrogatories, Set Two and Request for Production, Set Two, no later than 30 days from the date of this order, with the time to run from the service of this minute order by the clerk. The matters specified in plaintiff's Request for Admission, Set One, are deemed admitted, unless plaintiff serves, before the hearing, a proposed response to the requests for admission that is in substantial compliance with ...
2023.02.23 Motion for Leave to File Complaint 571
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ...lames BBQ, pursuant to Code of Civil Procedure sections 428.10, 426.50 and 428.50.1 Defendant contends that it seeks to state a claim against a third-party, Rollin Flames, BBQ. Plaintiff opposes on the grounds that Rollin Flames BBQ is plaintiff's fictitious business name, and has always been run as a sole proprietorship. (Aguilar Decl., ¶¶ 2- 3.)2 Whether the cross-complaint states a claim against an existing party or a third-party, and thus w...
2023.02.23 Motion for Approval of PAGA Settlement 441
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ...he 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 Moniz v. Adecco USA, Inc., (2021) 72 Cal.App.5th 56, did provide some guidance. The court explained that “many federal district courts have applied the ‘fair, reasonable, and adequate' standard from class action cases to evaluate PAGA sett...
2023.02.23 Demurrer to FAC 671
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.23
Excerpt: ... service by the clerk of the minute order. All new allegations in the Second Amended Complaint are to be set in bold type. To overrule the demurrer to the Second Cause of Action To sustain the demurrer to the Fifth Cause of Action. Plaintiff is given leave to amend on the condition that he is able to allege compliance with the Tort Claims Act. If plaintiff chooses to further amend, he is allowed 30 days' leave to file a Second Amended Complaint. ...
2023.02.22 Motion to Tax Costs 311
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.22
Excerpt: ...32, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 o...
2023.02.22 Motion to Tax Costs 632
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.22
Excerpt: ...32, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 o...
2023.02.16 Motion to Compel Responses, Deposition 972
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.16
Excerpt: ...on, Set One Plaintiff's Motion to Compel Defendant to Provide Verifications to Form Interrogatories, Set Two Plaintiff's Motion to Compel Defendant to Provide Verifications to Special Interrogatories, Set Two Plaintiff's Motion to Compel Defendant to Provide Verifications to Requests for Production, Set Two Plaintiff's Motion to compel Defendant to Provide Verifications to Requests for Admission, Set Two Plaintiff's Motion to Compel Deposition of...
2023.02.15 Motion to Compel Further Responses, to Deem RFAs Admitted 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.15
Excerpt: ... deny Defendants' motions to compel responses to form interrogatories, special interrogatories, production of documents and requests for admissions admitted, as verified responses have been provided. To grant Defendants' sanctions. Plaintiff is ordered to pay monetary sanctions in the amount of $1,325 to the Freeman Law Group within 30 days. (Code Civ. Proc. §§ 2023.010, 2033.280.) To deny Plaintiff's request for sanctions. To deny the Request ...
2023.02.15 Motion for Summary Adjudication and Summary Judgment 019
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.15
Excerpt: ...th and seventh causes of action in his complaint. (Code Civ. Proc. § 437c.) To deny plaintiff's motion for summary judgment as to defendants' cross-complaint. (Ibid.) Explanation: Plaintiff's Motion for Summary Adjudication of Plaintiff's Sixth and Seventh Causes of Action: Plaintiff moves for summary adjudication of the sixth and seventh causes of action of his complaint, which seek a determination that defendants Moghaddam and Najjaran are alt...
2023.02.15 Demurrer to Petition to Disqualify Party-Appointed Appraiser 329
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.15
Excerpt: ....) Explanation: Petitioner California FAIR Plan Association is the insurer of the home owned by Respondent Amanda Arteno. On September 6, 2020 the home sustained fire and smoke damage and Respondent submitted a claim for the loss under the insurance policy issued by Petitioner. A contractor hired by Respondent prepared an estimate for the cost to repair the damages and return the property to its pre-loss state. The contractor's estimate is signif...
2023.02.09 Motion to Confirm Arbitrator's Award 111
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.09
Excerpt: ...ator's award. (Code Civ. Proc., § 1285.2.) If oral argument is timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: Under Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) “A response to a petition under this chapter may request the court t...
2023.02.09 Motion to Compel Arbitration 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.09
Excerpt: ...timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 503 Explanation: Under the Federal Arbitration Act (“FAA”), A written provision in … 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 enforceable, save ...
2023.02.09 Motion for Final Approval of Class Settlement 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.09
Excerpt: ... timely requested, the matter will be heard on Wednesday, February 22, 2023 at 3:30 p.m. in Dept. 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 court to reconsider its decision granting certific...
2023.02.08 Motion to Tax Costs 290
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.08
Excerpt: ... § 1032, subd. (a).) Moreover, “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items of allowable costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a), and disallowed costs are set forth in subdivision (b). Items not expressly mentioned in the statute “upon application may...
2023.02.08 Motion for Preliminary Approval of Class Action Settlement 151
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.08
Excerpt: ...1. Class Certification a. Standards First, the court must determine whether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.Ap...
2023.02.07 Demurrer, Motion to Strike 162
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.07
Excerpt: ...ave to amend as to plaintiffs Leslie Trew and Najib Allabadi. To grant leave to amend as to plaintiff Zade Allabadi. To grant the motion to strike the prayer for attorney's fees, as improperly alleged. (Code Civ. Proc., §§ 435, 436.) To deny leave to amend to seek attorney's fees. 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. To order ...
2023.02.02 Motion for Summary Judgment, Adjudication 052
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.02
Excerpt: ...15 Cal.App.4th 1205, 1207.) The court 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...
2023.02.01 Motion for Terminating and Monetary Sanctions 036
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.02.01
Excerpt: ... process” to include “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or atto...

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