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2022.08.11 Motion to Enforce Settlement 603
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.11
Excerpt: ...e, a proposed judgment which is consistent with the terms as agreed upon in the December 21, 2021 agreement. Explanation: Code of Civil Procedure, section 664.6 provides in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the s...
2022.08.10 Demurrers, Motions to Strike 484
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.10
Excerpt: ...to amend. (Code Civ. Proc., § 430.10, subd. (e).) Prevailing defendants shall submit to this court, within seven days of service of the minute order, an ex parte request dismissing the action as to the demurring defendants. To grant the motions to strike the prayers for punitive damages (Complaint p. 52, line 6) and attorneys' fees (Complaint ¶¶ 136, 141, p. 52, lines 10‐11), without leave to amend. (Code Civ. Proc., § 436.) Explanation: De...
2022.08.09 Motion to Stay Civil Proceedings or to Stay All Discovery Proceedings Pending Resolution of Criminal Proceedings 640
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.09
Excerpt: ...scretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) An order staying discovery until expiration of the criminal statute of limitations allows plaintiff to prepare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California constitu...
2022.08.09 Motion to Compel Arbitration and Stay Action Pending Completion of Arbitration 783
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.09
Excerpt: ...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 upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ...
2022.08.09 Motion for Summary Judgment, Adjudication 794
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.09
Excerpt: ...of a legal duty owed to him by defendant. In essence, then, defendant's motion is more akin to a demurrer or motion for judgment on the pleadings than a summary judgment motion. “‘A defendant's motion for summary judgment necessarily includes a test of the sufficiency of the complaint. When a motion for summary judgment is used to test whether the complaint states a cause of action, the court will apply the rule applicable to demurrers and ac...
2022.08.09 Applications for Writ of Possession 274
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.09
Excerpt: ...ndants for the sale of farm equipment. Defendant Goodland Global Farm Inc. was served with the application for writ of possession at the same time as it was served with the summons and complaint. This defendant has answered and defendant's attorney has filed a motion to be relieved as counsel, to be heard September 20, 2022. Counsel for Goodland Global has not filed an opposition or made a request to continue this hearing to a date after counsel'...
2022.08.04 Motion for Summary Judgment, Adjudication 823
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.04
Excerpt: ...eightliner Dealership (FFD) moves for summary adjudication of plaintiff's claims for fraud and breach of contract on the ground that plaintiff cannot prevail on his claims because he agreed that he was purchasing the truck “as is” without any express or implied warranties, and with no representation that the truck was merchantable or fit for a particular purpose. Defendant also points out that plaintiff had a chance to inspect the truck befor...
2022.08.04 Motion for Costs or Proof 845
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.08.04
Excerpt: ...trial. Plaintiff now moves under Code of Civil Procedure section 2033.420 for costs of proof. Timeliness Defendant Diaz Amaya opposes the motion as untimely because on December 20, 2021, plaintiff filed an Acknowledgement of Satisfaction of Judgment. The Acknowledgement indicated that the judgment was satisfied in full. On reply, plaintiff does not address this point. Rather, plaintiff argues that defendant Diaz Amaya cites no authority regarding...
2022.07.28 Motion to Compel Arbitration 730
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.28
Excerpt: ...itioner and respondent made a valid agreement to arbitrate wage claims. (Declaration of Allison Medica, ¶¶ 4‐5, and Ex. A.) The only contested issue is whether petitioner waived its right to compel arbitration. On petition of a party to an arbitration agreement, the court shall order the petitioner and respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that, amo...
2022.07.28 Demurrer to FAC 730
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.28
Excerpt: ...eading 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 concern 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.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits t...
2022.07.26 Motion to Tax Costs 390
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.26
Excerpt: ...th 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 be allowed or denied in the court's discretion.” (Code Civ. Proc., § 1033.5, subd. (c)(4).) All allowable costs must be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation, and they must be reaso...
2022.07.20 Motion for Summary Judgment, Adjudication 524
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.20
Excerpt: ...ctive Notice Not Grounds for Denial California Rules of Court, Rule 3.1350 Subdivision (b) requires that on motions for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the Separate Statement of undisputed material facts.” Here, the notice is a narrative summary of defendant's contentions and does no...
2022.07.20 Motion to Amend Complaint 404
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.20
Excerpt: ...evidence that Hernandez left the scene of the accident in violation of Vehicle Code section 20001. "[L]eave to amend should not be granted where, in all probability, amendment would be futile.'' (Vaillette v. Fireman's Fund Ins. Co. (1993) 18 Cal.App.4th 680, 685.) “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, ...
2022.07.19 Motion to Strike, Demurrer 484
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.19
Excerpt: ...d. (Code Civ. Proc., § 436.) (2) To sustain the demurrer to the Complaint as to defendants Rodney Horton and Ana Manzula, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Explanation: All Star Plumbing and Bewarder Motion to Strike A motion to strike pursuant to Code of Civil Procedure section 436 may be used to remove a claim for punitive damages that is not adequately supported by the facts alleged in the complaint. (Cryolife, ...
2022.07.19 Motion for Reconsideration, for Judgment on the Pleadings 233
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.19
Excerpt: ... judgment on the pleadings as to their complaint and defendant's answer. (Code Civ. Proc. § 438.) Explanation: Defendant's Motion for Reconsideration: Under Code of Civil Procedure section 1008, subdivision (a), a party moving for reconsideration of a court order must show that there are “new or different facts, circumstances, or law” that justify reconsideration of the order. (Code Civ. Proc. § 1008, subd. (a).) “A party seeking reconsid...
2022.07.14 Motions to Compel Responses, for Monetary Sanctions 233
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.14
Excerpt: ...ories, set one, and requests for production of documents, set one, unless defendants serve verified responses before the hearing. (Code Civ. Proc. § 2030.290; 2031.300.) Defendants are deemed to have waived all objections. (Ibid.) The court also intends to impose monetary sanctions of $460 per motion against defendants for their unjustified failure to respond to the requests. (Ibid.) Defendants' shall serve verified responses without objections ...
2022.07.12 Demurrer 914
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.12
Excerpt: ...raud; 4. Constructive Fraud; 5. Monetary Conversion; 6. Accounting; 7. Constructive Trust; 8. Restitution (Unjust Enrichment); and 9. Violation of California Penal Code section 496, subdivision (a). Each cause of action is stated against all defendants: Ramiro Flores Martinez, and moving defendant Tabitha Loraine Lopez. The matter involves a transaction between the parties regarding the sale of certain vehicles. On June 14, 2022, this court found...
2022.07.07 Motion to Compel Arbitration and Stay Action 409
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.07
Excerpt: ...ant to California Code of Civil Procedure section 1281.2, On petition of a party to an arbitration agreement 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 com...
2022.07.06 Motion for Summary Judgment, Adjudication 994
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.07.06
Excerpt: ...ullar, owner of Varsity Liquors, moves for summary judgment, or alternatively for summary adjudication. Initially the court notes that if defendant does not show that summary judgment should be granted, the court should not grant summary adjudication of any particular cause of action or count. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative de...
2022.06.30 Motion for Preliminary Approval of Class Settlement 338
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.30
Excerpt: ...blish 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 class certification does not relieve the Court of the duty of determining whether certification...
2022.06.29 Motion for Summary Judgment, Adjudication 339
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.29
Excerpt: ...al burden of production is met, does the burden shift to the responding party to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850‐51; see also Reeves v. Safeway Stores, Inc. (2004) 121 Cal.App.4th 95, 107.) A plaintiff moving for summary judgment or adjudication of a cause of action must “prove[] each element of the cause of action entitling the party to judgment on t...
2022.06.23 Petition to Compel Arbitration 730
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.23
Excerpt: ...in intervention within 10 days of the clerk's service of the minute order. To continue Titlemax of California, Inc.'s petition to compel arbitration to July 28, 2022, which will be treated as the original hearing date for purposes of filing deadlines. Explanation: Intervention Proposed intervenor Division of Labor Standards Enforcement Labor Commissioner (“DLSE”) seeks to intervene on the present petition under Code of Civil Procedure section...
2022.06.23 Demurrer to FAC 973
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.23
Excerpt: ...ation: The court previously sustained demurrers to the first cause of action for battery and sixth cause of action for violation of Civil Code section 1942.4. Plaintiffs filed an amended complaint, adding allegations that defendants willfully ignored plaintiffs' multiple complaints about bedbugs and willfully refused to remedy plaintiffs' complaints to management. Defendant Granville Realty, Inc. again demurs to the first and sixth causes of acti...
2022.06.22 Motion to Set Aside Default 321
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.22
Excerpt: ...or a motion to strike, the parties must sufficiently comply with the meet and confer requirements pursuant to Code of Civil Procedure, sections 430.41 and 435.5. Explanation: 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 moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time...
2022.06.22 Motion for Approval of PAGA Settlement, Appointment of Settlement Administrator, Attorney Fees 239
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.22
Excerpt: ...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 Moniz v. Adecco USA, Inc. (2021) 72 Ca...
2022.06.16 Motion for Summary Judgment, Adjudication 623
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.16
Excerpt: ....4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true facts in the case. (Petersen v. City of Vallejo (1968) 259 Cal.App.2d 757, 775.) The moving party bears the initial burden of production to make a prima facie showing of the nonexistence of any triable issue of ...
2022.06.16 Motion for Preliminary Approval of Class Settlement 504
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.16
Excerpt: ...utral 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 class certification does not relieve the Court of the duty of determining whether certification is appropriate.”) “Confronted with a request for settlement‐only class certific...
2022.06.15 Motion for Summary Judgment, Adjudication 814
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.15
Excerpt: ...djudication as to the issue of the fraudulent transfer exception to the general rule of successor nonliability in favor of defendant Lummus Corporation. To deny summary adjudication on all other grounds. Explanation: On October 21, 2019, plaintiff filed the instant action for products liability. Plaintiff is an insurance company who paid out benefits on a worker's compensation policy regarding an injury to an insured's employee, Gabino Orrostieta...
2022.06.15 Motion for Sanctions 374
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.15
Excerpt: ...'s stipulated order regarding disclosure of expert materials. (Code Civ. Proc. § 2023.030.) Plaintiff shall pay monetary sanctions to defendant Vantage within 30 days of the date of service of this order. Additionally, plaintiff will be responsible for the cost of the second deposition of its expert which includes expert fees, court reporter fees and reasonable attorney's fees. Explanation: “The Civil Discovery Act imbues trial courts with ‘...
2022.06.14 Motion for Attorney Fees 263
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.14
Excerpt: ... ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." Here, the lease agreement between the parties, attached as Exhibit 1 to the Complaint provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against...
2022.06.14 Motion for Attorney Fees 239
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.14
Excerpt: ... ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." Here, the lease agreement between the parties, attached as Exhibit 1 to the Complaint provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against...
2022.06.09 Motion to Declare Vexatious Litigant, Demurrer 034
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.09
Excerpt: ...in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) The 30‐day time limit will run from the service of the minute order by the clerk. (Code Civ. Proc., § 1013, subd. (a).) This action is stayed pending proof that such security has been furnished, and if no security is posted within the time allowed, the case shall be dismissed by the court upon ex parte application therefor by defendants. (Code Civ. Proc., § 391.4...
2022.06.09 Demurrer 873
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.09
Excerpt: ...ge Point Finance, LLC's demurrer to the second, seventh and eighth causes of action, with leave to amend. To overrule on all other grounds. Plaintiff shall serve and file his amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiff filed the operative verified First Amended Complaint (“FAC”) against defendant Karen Aminian for eight causes of action: (1) brea...
2022.06.08 Motion for Summary Judgment, Adjudication 193
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.08
Excerpt: ... violation of FEHA, as well as the claim for failure to prevent discrimination and retaliation, on the ground that plaintiff cannot prove an essential element of his claims, namely that he was competently performing his job at the time of the termination. In addition, the County claims that it had a legitimate, nondiscriminatory reason for terminating plaintiff, and plaintiff cannot show that the stated reason for his termination was merely a pre...
2022.06.08 Motion for Attorney Fees 036
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.08
Excerpt: ...o the “American rule” that each party bears its own attorney fees. (Olson v. Automobile Club of Southern California (2008) 42 Cal.4th 1142, 1147.) The fundamental objective of the private attorney general doctrine is to encourage suits enforcing important public policies by providing substantial attorney fees to successful litigants in such cases. (Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 565 (Graham).) Under section 1021.5, the...
2022.06.02 Motion to Certify Class, to Withdraw as Counsel of Record 733
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.02
Excerpt: ... does not appear that plaintiff has a viable plan to bring the case to trial before the deadline expires. (Duran v. U.S. Bank Nat. Assoc. (2014) 59 Cal. 4th 1, 32.) Plaintiff is incorrect that the statutory deadline to bring the case to trial is tolled by CCP section 1775.7(b). As defendant points out, that portion of the CCP only applies to the Los Angeles County Superior Court, and other courts that expressly opt into the pilot program for cour...
2022.06.01 Motion to Set Aside Power of Attorney 230
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.01
Excerpt: ...l.App.4th 367.) To deny the motion to set aside the September 20, 2019 power of attorney. (Prob. Code, § 811, subd. (a)‐ (d).) Explanation: Since the Luis G. Cobarruvias (“Luis”) is the defendant in the unlimited civil action, but also the plaintiff in the unlawful detainer action, all parties will be referred to by their names, to avoid confusion. Motion to Consolidate: Under Code of Civil Procedure, section 1048, subdivision (a), "[w]hen...
2022.06.01 Motion to Compel Responses, for Terminating, Monetary Sanctions 043
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.06.01
Excerpt: ...very. To grant the request for terminating sanctions in favor of defendant Marco Martinez and against plaintiffs Jose Luis Madrigal and Marisela Mendez‐Hernandez. Defendant is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing this action. To grant monetary sanctions in the amount of $1,840.00, payable by plaintiffs within 20 calendar days of the date of this order, with the time to ru...
2022.05.26 Motion for Attorney Fees 974
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.26
Excerpt: ...f sought only a claim on a statutory bond. On October 15, 2020, Hudson filed a verified cross‐complaint in the present action seeking, among other things, an interpleader to deposit the sum amount held in surety under applicable statutory bond, and to disclaim any interest in such amount. On October 21, 2020, the court received a deposit of interpleader from Hudson in the amount of $50,000. On November 9, 2021, the court granted the discharge o...
2022.05.25 Motion to Stay Action 149
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.25
Excerpt: ...pare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California constitutions, a person has the right to refuse to answer potentially incriminating questions put to him or her in any proceeding. (U.S. Const., 5th Amend.; Cal. Const., art. 1, § 15; see Evid. Code §94...
2022.05.25 Motion for Terminating Sanctions, for Monetary Sanctions 363
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.25
Excerpt: .... The trial date set for June 27, 2022, is vacated, as is the Trial Readiness hearing set for June 24, 2022. To grant the request for attorney fees in the amount of $2,122.50. To deny the request that the court find plaintiff in contempt of court and order contempt sanctions, as the order dismissing the action is sufficient. Explanation: Once a motion to compel a party to comply with a discovery request is granted, continued failure to comply may...
2022.05.24 Motion for Summary Judgment, Adjudication 930
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.24
Excerpt: ...e the September 12, 2022 trial date. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the burden of showing the court that the plaintiff 'has not established, and cannot reasonably expect to establish, a prima facie ...
2022.05.24 Demurrer to FAC 373
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.24
Excerpt: ...rve and file her second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: First, to the extent that defendant argues that the opposition was not properly served and thus the court should disregard it, defense counsel has forfeited this argument by arguing the merits of the opposition in the reply. Nor has counsel shown that she was prejudiced by the allegedly improper ser...
2022.05.19 Motion to Set Expert Compensation 640
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.19
Excerpt: ...y sanctions to plaintiff's counsel within 30 days of the date of service of this order. Explanation: “If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert.” (Code Civ. Proc., § 2034.4...
2022.05.19 Motion for Summary Judgment, Adjudication 635
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.19
Excerpt: ...., § 473c, subd. (c).) Where defendant is the moving party, summary judgment is proper where defendant demonstrates the absence of an essential element of the plaintiff's case. (Dolquist v. City of Bellflower (1987) 196 Cal.App.3d 261, 266.) “Because of the very drastic nature of the summary judgment statute, power given thereby should be used with caution, and hence when there is doubt as to the propriety of the motion, courts should, without...
2022.05.18 Motion to Dismiss for Forum Non Conveniens 434
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.18
Excerpt: ...tion it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (Stangvik).) The availability of a suitable alternative forum for the action is critical. As noted by the United States Supreme Court: “In all cases in which the doctrine of forum non conveniens comes into play, it presupposes at least two forums in which the d...
2022.05.18 Motion to Declare Vexatious Litigant 584
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.18
Excerpt: ...propria persona. (Code Civ. Proc., § 391.7.) Explanation: “The vexatious litigant statutes were created to curb misuse of the court system by those acting in propria persona who repeatedly file groundless lawsuits or attempt to relitigate issues previously determined against them.” (Goodrich v. Sierra Vista Regional Medical Center (2016) 246 Cal.App.4th 1260, 1265.) The statutes were intended to “address the problem created by the persiste...
2022.05.18 Demurrer 514
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.18
Excerpt: ...ons shall be in boldface type. Explanation: Demurrer to Complaint Initially, defendants demur to the entire Complaint on the ground that plaintiffs fail to state a cause of action against Maria Navarro because the alter‐ego allegations are insufficient. “To recover on an alter ego theory, a plaintiff need not use the words ‘alter ego,' but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the co...
2022.05.17 Motion to Compel Further Responses 040
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.17
Excerpt: ...gs suit for public disclosure of private facts, intrusion into private affairs, defamation, and false light. Plaintiff alleges, among other things, that he and defendant formerly dated from 2016 to 2018; that in June 2020, defendant began making statements about the parties' relationship; that those statements portrayed plaintiff's actions as unreasonable and unwelcome, and that the parties never dated; that defendant threatened to publish intima...
2022.05.17 Motion for Leave to File TAC 924
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.17
Excerpt: ... 2022 trial date. (Code Civ. Proc., § 473, subd. (a)(2).) The parties are directed to appear at the hearing to schedule a new trial date. Explanation: Plaintiff seeks leave to amend to substitute defendant's true name, Kristine Lynn Ballantyne, as trustee of the Kristine Lynn Ballantyne Revocable Trust dated August 17, 2018 (“Kristine as Trustee”), for Doe 1. Additionally, plaintiff seeks to add allegations, causes of actions and prayers per...

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