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2023.08.15 Motion to Sever Trial or for Procedural Protections During Concurrent Trial 249
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...ghth and thirty- first causes of action and the alternative motion for procedural protections during the trial, without prejudice, as the motion is premature and should be brought as a motion in limine. Explanation: under Code of Civil Procedure section 1048, "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, inclu...
2023.08.15 Motion to Set Aside Default Judgment Based Upon Defective Notice, for Leave to Defend Action 951
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...senior care living facilities. After the defendants failed to pay Romero $33,500 for services rendered from May 1, 2016, to August 31, 2019, Romero filed a complaint for breach of contract and common counts against six named defendants: VR Enigma lnc„ VR Enigma Inc. dba Royal Gardens Senior Care, VR Enigma, Inc. dba Royal Gardens II Senior Care, VR Enigma, Inc. dba Royal Gardens III Senior Care, VR Enigma, Inc. dba Royal Gardens IV Senior Care,...
2023.08.15 Motion for Leave to Intervene 819
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...terest against both, may intervene in the action or proceeding." (Code Civ. Proc., S 387 (a).) "[Ilf the person seeking interventon claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede the person's ability to protect that interest, unless that person's interest is adequately represented by existing ...
2023.08.15 Motion for Attorney Fees, to Tax Costs 672
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...ng a four-week trial, the jury rendered verdict favorable in part to plaintiffs Veronica Ordaz Gonzalez and Jose Ramos Santiago and entirely favorable to defendants with regard to plaintiffs Omar Perez and Roberto Perez. The parties have filed memorandums of costs having each prevailed at least in part. Plaintiff Gonzalez moves the court for an award of attorney's fees as the prevailing party in her cause of action for violations of the Bane Act ...
2023.08.15 Demurrers, Motions to Strike FAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...S 430.10, subd. (e), (f).) To deny RVJ's motion to strike alter-ego allegations. To grant the moton to strike the requests for attorneys' fees at FAC 8:21, 20:26 and 21:4, with leave to amend. (Code Civ. Proc., S 436, subd. To sustain Isidro Martinez and Martinez Accounting, Inc.' (collectively, "Martinez") demurrer to the eleventh, thirteenth, fourteenth and fifteenth causes of action, with plaintiff granted 10 days' leave to amend as to the ele...
2023.08.10 Motion for Terminating Sanctions 961
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.10
Excerpt: ...ing to or to submit to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc., S 2023.010, subd. (d).) Once a motion to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more severe sanctions, since disobeying a court order to provide discovery is also a misuse of the discovery process. (ld., (g).) It appears that since at least mid-to-late 2021, p...
2023.08.10 Motion for Leave to Intervene in FAC 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.10
Excerpt: ... be collectively referred to herein as "Intervenors." The First Amended Complaint alleges that during the period of July 1, 2019, to September 30, 2020, plaintiff overpaid sales taxes in the amount of $10,797,689.31 on the sales of jet fuel to Southwest Airlines Co. The taxes at issue are pursuant to the Bradley8urns Uniform Local Sales and Use Tax Law, codified in Revenue and Taxaton Code section 7200, et seq. Plaintiff pays these taxes to the d...
2023.08.09 Demurrers 280
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.09
Excerpt: ...ferent allegations in the second amended complaint are to be set in boldface type. Explanation: Mandatory Duty "A plaintiff seeking to hold a public entity liable under Government Code section 815.6 must specifically identify the statute or regulation alleged to create a mandatory duty." (In re Groundwater Cases (2007) 154 Cal.App.4th 659, 689.) In essence, "[t]o construe a statute as imposing a mandatory duty on a public entiW, 'the mandatory na...
2023.08.03 Motion for Judgment on the Pleadings 131
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.03
Excerpt: ... dba Focus Home Health. (Code Civ. Proc., S 438.) Explanation: Judgement on the Pleadings A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. (Code Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) he grounds for the moton must appear on the face of the challenged pleading or from facts judicially noticeable. (Prickett v. Bonnier, supra, ...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.02
Excerpt: ... filed evidentiary objections to 1) new evidence in defendant's reply brief; 2) portions of the Dwight Nelson Declaration filed January 18, 2023; 3) paragraph 5 of the Dwight Nelson Declaration filed June 14, 2023; and 4) portions of the Liam Gaarder-Feingold Declaration filed June 14, 2023. The court is sustaining the objection as to new evidence in defendant's reply. The court has not considered new arguments presented for the first time in def...
2023.08.02 Motion for Summary Judgment, Adjudication 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.02
Excerpt: ...ons in the proper format, as required by Rule of Court 3.1354. Written objections are (inter alia) to be filed separately from other papers, and quote the objectionable material and clearly state the grounds for the objections. The parties must do more than just note their objections on the Separate Statement and in the memorandums of points and authorities, as they have done here. Failure to object waives the right to challenge the court's rulin...
2023.08.01 Motion for Summary Judgment 162
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ...: California law makes clear that Defendant[s] had a non-delegable duty of care to maintain the subject property, including the subject window, in a safe condition. Koepnick v. Kashiwa Fudosan America, Inc. (2009) 173 Cal.App.4th 32, 35. As a general matter, "[all' landowners, including landlords, must use reasonable care to protect people who come onto their property. [Citations. [Stone v. Center Trust Retail Properties, Inc. (2008) 163 Cal.App....
2023.08.01 Motion for Summary Judgment, Adjudication 249
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ...y Judgment, or in the Alternative Summary Adjudication of its Breach of Contract Claim and Defendants' Affirmative Defenses in Case No. 20CECG01363 Defendant Wonderful Almonds Cooperative's Motion for Summary Judgment, in the Alternative Summary Adjudication of Plaintiffs' Thirty-First Cause of Action Tentative Ruling: To grant plaintiff Independent Financing Services' motion for summary adjudication of its breach of contract claim and defendant'...
2023.08.01 Motion to Compel Initial Discovery Responses, for Sanctions 109
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ... Lopez and Araceli Hernandez each with Requests for Admission, Request for Production of Documents, and Form Interrogatories — General (each set one). Defendants received multiple extensions of time to respond, ultimately to May 1, 2023. Another extension of time was requested on May 3, 2023, but the further extension was not granted, as the responses were already late and multiple extensions had already been given. Plaintiff has filed motions ...
2023.07.27 Motion for Summary Judgment, Adjudication 742
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.27
Excerpt: ... a minor. Plaintiff's father, Frank Sifuentes Jr. (decedent), reported to the emergency' department at Madera Community Hospital (MCH) on 4/15/20 in great pain and was diagnosed with a torn artery which required surgery. MCH transferred decedent to defendant Community Regional Medical Center (CRMC). CRMC discharged decedent on 4/22/20 without performing surgery. On 4/23/20 decedent was transferred to defendant Keck Hospital of USC, where died on ...
2023.07.25 Motion for Preliminary Injunction 771
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.25
Excerpt: ... acquires personal jurisdiction of a defendant by service of process in accordance with statutory and due process requirements. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Borsuk v. Appellate Division of Superior Court (2015) 242 Cal.App.4th 607, 612 [personal jurisdiction is conferred by service on defendant of the summons and complaintl.) Actual notice of the action alone is not a substitute for proper servi...
2023.07.20 Motion to Compel Responses 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.20
Excerpt: ...ories, set one, and requests for production of documents, set two, as verified responses have been provided. To deny the motion to compel responses to requests for admission, set one. Code of Civil Procedure section 2033.280(b) does not provide authority to compel responses but to deem matters admitted. To grant defendant's request for sanctions as to plaintiff for having unsuccessfully moved to compel responses to interrogatories and requests fo...
2023.07.20 Motion for Preliminary Approval of Class Action Settlement 624
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.20
Excerpt: ...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. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. W...
2023.07.11 Motion for Leave to File Supplemental Complaint 612
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.11
Excerpt: ...ke a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer." (Code Civ. Proc., S 464, subd. (a).) "A 'supplemental' pleading is used to allege facts occurring after the original pleading was filed. In contrast, the additional allegations in an 'amended' pleading address matters that had occurred before the original pleading was filed." (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032...
2023.07.06 Motion for Stay of Action 721
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.06
Excerpt: ...Rules of Court, rule 3.515(a) to stay the matter pending resolution by the California Supreme Court of Everardo Rodriguez v. FCA US, LLC, Case No. S274625. Code of Civil Procedure secton 404.5 and California Rules of Court, rule 3.515 contemplate stays pending consideration for coordination of multiple actions. Plaintiff provides no evidence that he seeks to have the matter coordinated. Accordingly, a stay under Code of Civil Procedure section 40...
2023.07.06 Demurrer, for Monetary Sanctions 092
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.06
Excerpt: ...tiff Griselda Rodriguez's first and second causes of action for motor vehicle negligence, and to plaintiff Marcela Martinez's sole cause of action for loss of consortium, unless all other parties appear at the hearing and waive service of the moving papers. (Code Civ. Proc., SS 1005, subd. (b); 1014.) To deny plaintiffs Rodriguez and Martinez's request for monetary sanctions. (Code Civ. Proc., S 128.5.) Explanation: Notice Defects "[Alll moving a...
2023.06.29 Motion for Preliminary Approval of Class Action Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.29
Excerpt: ...posed 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, 93-95.) "Class certification requires proof (1) ofa sufficiently numerous, ascertainable class, (2) of a well-defined community of interest, and (3) that certification will prov...
2023.06.29 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.29
Excerpt: ...h will run from service by the clerk of the minute order. New language must be set in boldface type. 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 Code of Civil Procedure secton 340.1. (S.C. was under age 40 at the time he filed his complaint.) S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the de...
2023.06.27 Motion for Attorney Fees 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...ion under Code of Civil Procedure secton 1021 and Section XXV, subdivision (G) of the franchise agreements, dated December 3, 2010 and April 11, 2012, between the parties (the "Franchise Agreements"). "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties, but parties to actions or proceedings are enti...
2023.06.27 Demurrer, Motion to Strike, for Leave to File Punitive Damages, for Sanctions Pleadings 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...pleading shall be filed within 30 days of the clerk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. To deny plaintiff's motion for leave to file punitive damages pleadings. To deny plaintiff's application for sanctions. Explanation: Demurrer/strike "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern C...

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