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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 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...
2024.03.07 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 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...
2024.03.05 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...

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