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2019.12.17 Motion to Require Posting of Security 547
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.17
Excerpt: ...post a bond on the ground that plaintiff is a vexatious litigant and “there is not a reasonable probability that he will prevail in the litigation against the moving defendant.” Plaintiff clearly was deemed a vexatious litigant. The question is whether plaintiff has a reasonable likelihood of prevailing. The court is not bound to assume the truthfulness of the vexatious litigant's complaint. It may weigh the evidence presented on a motion to ...
2019.12.12 Demurrer 631
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.12
Excerpt: ...pe. Explanation: “Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. Fairness dictates that a complaint give the defendant sufficient notice of the cause of action stated to be able to prepare the case.” (Leek v. Coop...
2019.12.12 Demurrer, Motion to Strike 345
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.12
Excerpt: ...g: To sustain the demurrer of defendants Biltz and Guzman to each cause of action alleged against them for failure to state facts sufficient to constitute a cause of action. To deny leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant Biltz and Guzman's motion to strike the allegations and prayer for punitive damages, without leave to amend. (Code Civ. Proc. §§ 435, 436.) To sustain the demurrer of St. Agnes in part, and overrule in...
2019.12.11 Demurrer 154
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.11
Excerpt: ...orth in boldface typeset. Explanation: Defendants Lopez, Garza, Tienda, Molina, Vasquez and Robles (“Moving Defendants”) have filed the present demurrer to Plaintiff's complaint. A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A ...
2019.12.11 Motion for Leave to File Complaint in Intervention 300
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.11
Excerpt: ...r in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. (Code Civ. Proc. § 387; Fireman's Fund Ins. Co. v. Gerlach (1976) 56 Cal.App.3d 299, 303‐305.) The intervention must not enlarge the issues in the case and the reasons for intervention must outweigh any opposition by the existing parties. (Code Civ. Proc. § 387; Truck Ins. Exch. v. Sup.Ct. (1997) 60 Cal.App.4th 342, 346; Reliance...
2019.12.10 Motion for Good Faith Settlement 213
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.10
Excerpt: ...488, contains the list of factors for use in determining whether the settlement was made in good faith. These include the following: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs (4) a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the ...
2019.12.5 Motion for Class Certification and Preliminary Approval of Settlement 134
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.5
Excerpt: ...of the class, one concern is the adequacy of the class representative, who has executed a confidential side settlement agreement, for which he seeks a payment of $10,000. That is approximately 30 times the amount of his likely individual class settlement, as estimated by the Court based on the amount of time he worked for defendant (between 8 and 9 months) and the figures set forth in the points and authorities. The figure represents $180 an hour...
2019.12.3 Motion to Compel Deposition 293
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.12.3
Excerpt: ...r date, time, and place as the parties shall agree to in writing). Sanctions are awarded jointly and severally against Mr. Simpson and counsel for Plaintiff in the amount of $2,975.00, payable within thirty (30) days of this order. The independent medical examination is to occur within ten (15) court days of this order (or on such other date, time, and place as the parties shall agree to in writing). The scope of the examination is limited to an ...
2019.4.24 Motion for Summary Judgment, Adjudication 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.24
Excerpt: ...rder. Explanation: This is a legal malpractice action. Plaintiff alleges that he retained defendants Nicholas Wagner and Wagner, Jones, Kopfman & Artenian to represent him in a wrongful discharge matter filed in federal court against his employer. SK Foods filed for bankruptcy, and defendants negligently represented him in that they (1) failed to properly prosecute the case in bankruptcy court by failing to have the bankruptcy stay lifted to proc...
2019.4.24 Motion to Extend Lien 053
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.24
Excerpt: ...ation: Service of an examination order on the judgment debtor generally creates a one‐year lien on all of the debtor's nonexempt personal property whether or not it is in the debtor's possession and control. (Code Civ. Proc., § 708.110, subd. (d); In re Burns (9th Cir. BAP 2003) 291 BR 846, 851.) There is a split of authority as to whether the debtors' filing for bankruptcy stays the one year lien created by an order of examination. (S...
2019.4.23 Motion to Dismiss or Transfer 040
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.23
Excerpt: ... the ground of inconvenient forum. (Code Civ. Proc. § 418.10(a)(2).) It is not disputed that all of plaintiff's claims against Jeffrey Hacker arise from and are based on the stipulated Judgment for Dissolution of Marriage entered in case no. 16CEFL00096. The Judgment for Dissolution specifically reserved jurisdiction in the Family Court action for any enforcement of the Judgment and to resolve any matter subject to the jurisdiction of the court....
2019.4.23 Demurrer, Motion to Strike 994
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.23
Excerpt: ...no moving papers were filed. Plaintiff is granted ten days leave to amend. All changes must be in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order. Explanation: Defendant Syngenta Seeds, LLC demurs to the following causes of action: (1) negligence (production and delivery of defective seed); (2) negligence (sale of old seed); (3) negligent misrepresentation; and (4) intentional misrepresenta...
2019.4.18 Motion for Protective Order, to Compel Depositions 201
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.18
Excerpt: ...and place in the next 30 days. Explanation: In this action plaintiffs allege that the Fresno County Public Defender's Office suffers from structural deficiencies that prevent it from providing indigent defendants with meaningful and effective assistance of counsel in violation of the federal and California constitutional guarantees of due process and right to counsel, and the constitutional and statutory rights to a speedy trial. Plaintiffs alleg...
2019.4.18 Motion for Leave to File Amended Complaint 184
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.18
Excerpt: ...y set for May 9, 2019, are off calendar as moot in light of this ruling. Explanation: “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(a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596; Howard...
2019.4.18 Demurrer, Motion to Strike 307
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.18
Excerpt: ...he motion to strike without leave to amend. Defendants are to submit a proposed order dismissing the Plaintiff's first amended complaint as to them with prejudice within ten (10) days of the date of service of this order. Explanation: Defendants James Davis, M.D. and the Regents of the University of California (“Moving Defendants”) have filed a demurrer and a motion to strike the first amended complaint filed by Plaintiff Verrees. The argumen...
2019.4.17 Petitions to Confirm Arbitration Award, to Vacate or Correct Arbitration Award 030
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.17
Excerpt: ...cy favoring arbitration is so strong that "any doubt on the issue must be resolved in favor of arbitration." (Buckhorn v. St. Jude Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406; See also AT & T Technologies, Inc. v. Communications Workers of America (1986) 475 U.S. 643, 650 [any doubt as to whether a particular dispute falls within ambit of arbitration clause resolved in favor of arbitration]; See also, United Transp. Union, AF...
2019.4.17 Motion for Class Certification and Preliminary Approval of Class Settlement 334
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.17
Excerpt: ...d preliminary approval lists the Turley and Mara Firm. The settlement attached to the most recent Mara declaration lists the Turley and Mara firm as class counsel. But the Notice to Class lists the Mara Firm. The most recent declarations are filed with the Mara Law Firm listed as counsel, at a new address. The Court takes judicial notice on its own motion of the February 6, 2019 filing by the Turley Firm on Trade Street in San Diego listing Willi...
2019.4.16 Motion to Decertify Class 163
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.16
Excerpt: ... fees by May 1, 2019. Explanation: 1. Substitution of Attorney Required for New Firm Until a substitution of attorney is filed, signed by the client, counsel of record and the firm of record remain the same. Code of Civil Procedure sections 284 and 285, People ex rel. Department of Public Works (1967) 248 Cal. App. 2d 618, 623. 2. Merits of Motion The interrogatories formally state they may not contain all information, and that a diligent search ...
2019.4.16 Motion to Set Aside Default 158
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.16
Excerpt: ...iv. Proc., § 473, subd. (b).) Here, defendant Hanna Design Group, Inc., seeks to set‐aside its default which was entered on January 7, 2019. In support thereof, it makes three arguments: (1) plaintiffs' complaint is improperly drafted; (2) plaintiffs failed to notify defendant of their intent to seek default before doing so; and (3) attorney fault. The first two arguments are unpersuasive. First, defendant argues that default must be set aside...
2019.3.28 Motion for Summary Judgment 824
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.28
Excerpt: ...omplaint of plaintiff Douglas Jackson alleges that on 3/17/15 at Nashville's Bar and Grill (owned and operated by defendant Nashville Investment Group, LLC), defendants Raustyn Hurst, Sharonja Curry, Elizabeth Ferreira, Luke Coghlan, John Hurst, III, and Doreen Duinkerken aka Doreen Hurst (referred to herein as “Doreen”) assaulted and battered plaintiff by striking his face and body. Against the individual defendants plaintiff alleges causes ...
2019.3.27 Demurrer 884
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.27
Excerpt: ... the demurring defendants. Explanation: The court will address these two actions together. Aside from the addresses and dates, the relevant facts, causes of action, allegations and arguments are the same in each action. Trustee's Privilege Defendants contend that all claims against them are barred by the Trustee's privilege. As in the demurrers to the original complaints, plaintiffs do not respond to this argument. Civil Code § 2924(d) states th...
2019.3.27 Application for Interlocutory Judgment 413
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.27
Excerpt: ...., there is house on the property and as a result, the property cannot be physically divided. But, there are no facts pleaded regarding attempts to obtain an agreement to sell. More importantly, CCP § 872.510 states: The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partitio...
2019.3.26 Demurrer, Special Motion to Strike 584
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.26
Excerpt: ...nation: A special motion to strike provides a procedural remedy to dismiss nonmeritorious 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); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute: first, the court deci...
2019.3.26 Motion to Vacate and Set Aside Default, Judgment 273
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.26
Excerpt: ...he Summons and Complaint. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 414 [“[N]o California appellate court has gone so far as to uphold a service of process solely on the ground the defendant received actual notice when there has been a complete failure to comply with the statutory requirements for service.”].) On the other hand, it is also true that if the evidence supports a finding that defendants were properly served, then their a...
2019.3.21 Motion for Attorney's Fees 339
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.21
Excerpt: ...��In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.�...
2019.3.20 Demurrer 845
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.20
Excerpt: ...ral demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (19...
2019.3.13 Motion to Dismiss 051
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.13
Excerpt: ...d upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” (Code Civ. Proc., § 583.210, subd. (a).) However, in computing the time within which service must be made pursuant to section 583.210, if “[s]ervice, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's con...
2019.3.13 Motion for Summary Judgment 924
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.13
Excerpt: ...injuries. See Declaration of Plaintiff at ¶ 7 and see the deposition of Arenas at page 31 lines 10‐16 attached as Exhibit A to the Declaration of Milligan. Explanation: In support of its motion, the Defendant relies extensively on the case of Peralta v. The Vons Companies, Inc. (2018) 24 Cal.App.5th 1030. In that case, Ms. Peralta fell in the bakery section of Vons. An assistant store manager was summoned. She observed that Ms. Peralta was wea...
2019.3.13 Motion for Class Certification and Preliminary Approval of Class Settlement 134
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.13
Excerpt: ...ended Complaint. Explanation: 1. CLASS CERTIFICATION a. Standards 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 ...
2019.3.12 Motion for Leave to File Amended Complaint 784
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.12
Excerpt: ...ourt 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, or a 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 just, an amendme...
2019.3.7 Motion for Summary Judgment, Adjudication 733
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.7
Excerpt: ...37c.) The County 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: Defendants Interstate and Meza have filed a cross‐complaint against the County based on the theory that the County is liable for plaintiffs' injuries due to the existence of an allegedly dangerous condition on the property where the accident occurred, which was t...
2019.3.7 Demurrer 783
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.7
Excerpt: ...mend. (Code Civ. Proc. § 430.10(e).) Defendants are to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing this action as to the demurring defendants. The motion to strike punitive damages allegations are moot in light of the ruling on the demurrer. Explanation: Initially the court notes that it does not appear that the Ciresi defendants have met and conferred in person or by telephone as requir...
2019.3.7 Demurrer 064
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.7
Excerpt: ...e the facts appearing on the face of the complaint, it also accepts as true the facts appearing in the attached exhibits, and if the exhibits' facts are contrary to the pleading's allegations, the exhibits will be given precedence. (Moran v. Prime Healthcare Management, Inc. (2016) 3 Cal.App.5th 1131, 1146.) However, plaintiff's interpretation of the contract must be accepted as correct in testing the sufficiency of the complaint. On general demu...
2019.3.7 Applications for Writs of Possession and Writs of Attachment 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.7
Excerpt: ...s of Possession: Plaintiff has met all of the requirements for issuance of the writs of possession under Code of Civil Procedure section 512.010. Plaintiff's claim is based on two written loan agreements and the associated guaranties executed by defendants. The claim appears to be probably valid, as plaintiff loaned defendants money pursuant to the written contracts, defendants promised to repay the loans, and defendants have allegedly failed to ...
2019.3.6 Demurrer 803
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.6
Excerpt: ...order by the clerk, to file and serve a first amended complaint. All new allegations in the amended complaint are to be set in boldface type. Explanation: Demurrer In testing a pleading against a demurrer, the facts alleged are deemed to be true, as it is “not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which [plaintiff] describes the defendant's conduct. A demurrer tests onl...
2019.3.6 Motion to Appoint Special Master 764
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.6
Excerpt: ... court … determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon.” (Code Civ. Proc. § 639, subd. (a)(5).) On the other hand, Rule of Court 3.920, subdivision (c) provides that a discovery referee may not be appointed under Code of Civil Procedure section 639, subdivision (a)(...
2019.3.6 Motion for Summary Adjudication 234
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.6
Excerpt: ... a single cause of action for retaliation in violation of Government Code section 12940, subdivision (h). As a condition of plaintiff being granted leave to file a Second Amended Complaint alleging two new causes of action, this motion is being treated as one for summary adjudication of the retaliation cause of action. Plaintiff objects to the motion on the ground that the moving papers were not timely served. The proof of service of the motion s...
2019.3.6 Motion for Class Certification and Preliminary Approval of Class Settlement 103
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.6
Excerpt: ...tion 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 class certification does not relieve the Court of the duty of determining whether certification is appropriate.” The case so requiring is Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620 (“Amchem”): “Confronted wit...
2019.3.5 Motion to Compel Deposition 923
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.3.5
Excerpt: ... Civ. Proc. §2025.450(g)(1).) Plaintiffs to pay sanctions to the Betts & Rubin law firm, within 30 days of the clerk's mailing of the minute order. Explanation: “The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that actio...
2019.2.28 Motion for Leave to Amend Complaint 373
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.28
Excerpt: ...e trial to a mutually agreeable date no later than July 2, 2019. (California Rules of Court, rule 3.1332, subdivision (c)(6) & (c)(7).) Explanation: Code of Civil Procedure section 473 authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. (Code Civ. Proc., § 473; Cherrigan v. City etc. of San Francisco (1968) 262 Cal.App.2d 643, 653.) In the case at bar, plaintiff seeks leave: (1) to correctly name her veh...
2019.2.28 Demurrer 909
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.28
Excerpt: ...the minute order. Explanation: Defendant demurrers to the entire complaint based on uncertainty, and also demurs generally, i.e., failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e) and (f).) On Page 2, Paragraph 8, plaintiff checked the box indicating the cause of action attached was for breach of contract, and at Paragraph 10 she indicated that the amount of damages requested was $37,000, wi...
2019.2.26 Motion for Determination of Good Faith Settlement 984
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.26
Excerpt: ...rtfeasors or co‐ obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfea...
2019.2.21 Application for Writ of Attachment 260
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.21
Excerpt: ...sly authorized under Civil Code section 3439.07, subdivision (a)(2), which provides that in an action for relief under the UVTA the creditor may obtain “[a]n attachment or other provisional remedy against the asset transferred or other property of the transferee” “in accordance with the procedures described in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure.” This provides one of the statutory exceptio...
2019.2.21 Demurrer, Motion to Strike 294
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.21
Excerpt: ...he time in which the amended pleading may be filed will run from service by the clerk of the minute order. All new allegations are to be set in boldface type. Explanation: Demurrer: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable...
2019.2.14 Motion for Summary Adjudication 940
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.14
Excerpt: ...ffidavit stated facts establishing every element ... necessary to sustain a judgment in his favor.” See Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468. Given that the moving party has not met its burden, it is not necessary to examine the opposition, the reply or any objections submitted. Explanation: Plaintiff's Separate Statement Plaintiff submits a Separate Statement of 8 “undisputed facts.” However, the Separate Statem...
2019.2.14 Motion for Leave to File Amended Complaint 008
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.14
Excerpt: ...on 473(a)(1) states: “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, or a 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 ter...
2019.2.14 Demurrer 849
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.14
Excerpt: ...or uncertainty to the second cause of action and the common count and rendered moot. An amended pleading in conformity with the ruling of the Court is to be served and filed within 20 days of notice of the ruling. Notice runs from the date that the Minute Order is served by the Clerk plus 5 days for service via U.S. Mail. (CCP § 1013). Explanation: Requests for Judicial Notice Defendants request judicial notice of the certified license history o...
2019.2.7 Motion for Attorneys' Fees 494
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.7
Excerpt: ...a further declaration segregating the fee‐related fees from the non‐fee‐related fees. If there are objections to the further declaration they may be submitted by March 2, after which the court will make a final ruling on the total fee award. Explanation: The court of appeals has already determined that both Petitioners are entitled to an award of attorney fees under Code of Civil Procedure 1021.5, and remanded to this court to determine the...
2019.2.7 Motion to Quash or Modify Subpoena Duces Tecum 984
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.7
Excerpt: ...,” where “described properties” is defined as the properties listed at (A), (B), and (C) in the preamble to the requests. The word “transaction” will be deemed to be defined as “a loan made in 2015 for installation of solar and lighting panels at the locations referenced in the contract.” The hearing will be ordered continued to 3:30 p.m. on Wednesday, February 27, 2019 in Department 403. The parties are ordered to meet and confer o...
2019.2.5 Petition for Class Certification and Preliminary Approval of Class Settlement 334
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.2.5
Excerpt: ... 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 class certification does not relieve the Court of the duty of determining whether certification is appropriate.” The case so requiring is Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620 (“Amchem”): “Confronted with a ...

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