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2022.01.05 Motion for Summary Adjudication, to Strike Portion of FAC 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.05
Excerpt: ...posture and similarity of contentions, the court intends to advance defendants' motion to bifurcate and deny it, without prejudice. (Code Civ. Proc., § 1048.) Explanation: Summary Adjudication Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty.” (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242.) Furt...
2022.01.05 Motion for Preliminary Approval of Class Settlement 613
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.05
Excerpt: ... issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditio...
2022.01.05 Motion for Determination of Good Faith Settlement 713
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.05
Excerpt: ... order, and did not pertain to this motion. The court now rules on the merits of the motion. Under Code of Civil Procedure section 877.6, a settlement entered by one or more of several joint tortfeasors may be determined by the court to be in “good faith.” The court determines whether a settlement is within the “good faith ballpark” by considering the following factors (evaluated as of the time of the settlement): 1) a rough approximation...
2022.01.04 Motion for Preliminary Approval of Class Settlement 274
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.01.04
Excerpt: ...nce to a later date, if plaintiff needs more time. The Case Management conference is also continued to March 8, 2022. Explanation: Class Certification The settlement class is described as current and former non‐exempt truck drivers employed by defendant. The dates of employment of the settlement class vary greatly depending on what document the court is reading. The definition of the settlement class in the Settlement Agreement is from January ...
2021.12.22 Motion for Terminating or Evidentiary Sanctions or to Compel Production of Docs, for Monetary Sanctions 401
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.12.22
Excerpt: ...une 18, 2021 pretrial discovery conference. Responsive documents shall be provided within ten (10) days of the clerk's service of this minute order. To grant the request for monetary sanctions in the amount requested. Defendants Pacifica Real Estate Services, Inc., Pacifica Enterprises, Inc., Island Lake Investors, LP, River Park Villas, Bullhead City, LTD, L.P. shall pay the sum of $3,660 to counsel for plaintiff within 30 days of the clerk's se...
2021.12.22 Motion for Summary Adjudication 644
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.12.22
Excerpt: ...nd twenty. (Ibid.) Explanation: Third Affirmative Defense: With regard to affirmative defense number three, statute of limitations, plaintiff asked Hurley to admit that she had no facts to support the defense. (Plaintiff's Undisputed Material Fact Nos. 4, 5.) Hurley responded with an admission, and also conceded that she had no facts, witnesses, or documents to support the defense and that “[i]t does not appear that there is a statute of limita...
2021.12.22 Motion for Discharge, Costs and Attorney Fees 174
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.12.22
Excerpt: ...aint in interpleader as a standalone action against defendants Kenneth Matthew Green, Schicuan Green, and Janet Green, seeking to dispose of its obligation to defendants in relation to benefits paid out on the death of Robert Green. On June 3, 2021, plaintiff lodged $43,500 with the court. Plaintiff now seeks an order discharging it from: its liabilities as to the monies deposited; the present action with prejudice; and for costs and attorney's f...
2021.12.21 Motion to Consolidate Actions 873
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.12.21
Excerpt: ...perty during the pendency of the action, including property taxes, utilities, hazard insurance, pool and yard maintenance, pest control, and for any necessary repairs, and to keep Vantage Point Finance, LLC (“Vantage Point”), reasonably well informed as to the status of these payments so it is ensured there are no missed payments. The court will also order Mr. Arballo to open an escrow account and make monthly rental payments during the pende...
2021.12.21 Motion for Summary Judgment, Adjudication 664
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.12.21
Excerpt: ...t motion. On May 9, 2018, plaintiff filed a complaint on behalf of herself and as a limited partner in Boise Telecasters, LP (BT).1 On July 24, 2018, plaintiff filed a first amended complaint (FAC). BT was created in 2004 between plaintiff and defendant Gary Cocola. (FAC, ¶ 21.) Plaintiff held a limited partner interest in BT in the amount of 49 percent, along with Cocola, who also held a limited partner interest in BT in the amount of 49 percen...
2021.11.18 Motion to Enforce Settlement 303
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.18
Excerpt: ...er by the clerk, a proposed judgment consistent with the written settlement agreement. Explanation: Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . . for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request ...
2021.11.18 Motion for Summary Judgment, Adjudication 395
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.18
Excerpt: ... grant the motion for summary adjudication as to the claim for punitive damages. (Code Civ. Proc. § 437c.) Cross‐defendants' objections to Michael Carrigan's Declaration nos. 5, 6, 7, 8, 9, and 10 are overruled. All other objections were not material to the determination of the motions. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment Summary judgment law turns on issue finding rather than issue determination. (Di...
2021.11.18 Demurrer 723
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.18
Excerpt: ...ion: Defendant demurs to the fraudulent misrepresentation claims in the third and fourth causes of action, contending that plaintiff has not alleged sufficient facts to support his fraud claims. As defendant notes, fraud must be pled with specificity. The elements of fraud are (1) a misrepresentation (false representation, concealment or nondisclosure); knowledge of falsity (“scienter”); (2) intent to defraud, i.e., to induce reliance; (3) ju...
2021.11.17 Motion for Summary Judgment, Adjudication 214
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.17
Excerpt: ...material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.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...
2021.11.17 Motion for Reduction of Judgment 044
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.17
Excerpt: ...: Under Government Code section 985, “after a verdict has been returned against a public entity that includes damages for which payment from a collateral source listed below has already been paid or is obligated to be paid for services or benefits that were provided prior to the commencement of trial, … the defendant public entity may, by a motion noticed within the time set in Section 659 of the Code of Civil Procedure, request a posttrial h...
2021.11.16 Motion for Summary Judgment, Adjudication 044
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.16
Excerpt: .... (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must consider all of the evidence and all of the inferences reasonably drawn there from and must view such evidence and such inferences ‘in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, courts usually follow a three‐prong an...
2021.11.16 Motion for Leave to File FAC 038
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.16
Excerpt: ...omplaint is entrusted to the sound discretion of the trial court ....” (Garcia v. Roberts (2009) 173 Cal.App.4th 900, 909.) “The court may ... in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ....” (Code Civ. Proc., § 473, subd. (a)(1).) “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper,...
2021.11.10 Demurrer, Motion to Strike 209
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.10
Excerpt: ...days of service of the order by the clerk. Explanation: Motion to Strike A defendant may move to strike allegations from a pleading in two situations: (a) the allegation is “irrelevant, false, or improper” or “superfluous” or “abusive” and (b) where the “pleading was not drawn in conformity with the laws of the state or a court rule.” (Code Civ. Proc., § 436, subd. (a), (b).) The motion to strike is denied for two reasons. First,...
2021.11.09 Motion for Discharge from Liability and for Award of Attorney Fees 724
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.09
Excerpt: ...Civ. Proc. § 386.6.) Explanation: “‘Interpleader is an equitable proceeding by which an obligor who is a mere stakeholder may compel conflicting claimants to money or property to interplead and litigate the claims among themselves instead of separately against the obligor.... After admitting liability and depositing the money or property with the court, the obligor is discharged from liability and freed from the necessity of participating in...
2021.11.04 Motion to Enforce Settlement 303
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.04
Excerpt: ...ction 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . . for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the...
2021.11.04 Motion to Compel Compliance with Deposition Subpoena, for Sanctions 239
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.04
Excerpt: ... Nos. 3, 13, 16, 17, 18, 19, 20, 22, 23, and 24, and produce all documents responsive to the Requests for Production. The further responses shall specify which documents are responsive to which request and be in a format that is accessible. To grant monetary sanctions in the amount of $555 against Claimant, in favor of Respondent California Capital Insurance Company. Within thirty (30) days of service of the order by the clerk, Claimant shall pay...
2021.11.03 Motion to Compel Initial Responses, for Monetary Sanctions, Evidence Sanctions 943
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.03
Excerpt: ...sponses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc. §§ 2030.290(b), 2031.300(b).) Plaintiffs are ordered to serve complete verified responses to all discovery set forth above, without objection, on or before November 23, 2021. To impose monetary sanctions the total amount of $1,260 in favor of Defendant Ygrene Energy Fund, Inc., and against Plaintiffs and...
2021.11.02 Motion for Summary Judgment, Adjudication 360
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.02
Excerpt: ...ligent entrustment and violation of Vehicle Code section 12202.7. To deny summary adjudication as to the issues of negligence, and violation of Health and Safety Code section 103900. Explanation: In ruling on a motion for summary judgment or summary adjudication, the court must consider all of the evidence and all of the inferences reasonably drawn therefrom and must view these in the light most favorable to the opposing party. (Aguilar v. Atlant...
2021.11.02 Motion for Leave to File SAC 874
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.02
Excerpt: ...n: Under Code of Civil Procedure section 473, subdivision (a), “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...
2021.11.02 Motion for Determination of Good Faith Settlement 396
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.11.02
Excerpt: ... or comparative indemnity, based on comparative negligence or comparative fault on the condition that defendant/crossdefendant is able to provide proof of service of the notice of motion on defendant/crossdefendant Rainworthy Roofing, Inc. (Code Civ. Proc., § 877.6.) Explanation: Pursuant to Code of Civil Procedure section 877.6, subdivision (a)(1), “Any party to an action in which it is alleged that two or more parties are joint tortfeasors o...
2021.10.28 Demurrer 214
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.28
Excerpt: ...inute order. Explanation: Plaintiff states one cause of action for loss of consortium based on his wife's termination from employment with defendant, which he alleges was wrongful as it was based on her disability and in violation of her right to protected medical leave.1 A claim for loss of consortium has four elements: (1) a valid and lawful marriage between the plaintiff and the person injured at the time of the injury; (2) a tortious injury t...
2021.10.26 Demurrer 973
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.26
Excerpt: ...to be set in boldface type. Explanation: In the case at bar, eight causes of action are alleged: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) breach of the implied warranty of habitability; (5) breach of the covenant of quiet enjoyment; (6) violation of Civil Code section 1942.4; (7) private nuisance; and (8) public nuisance. Defendant Granville Realty, Inc. now demurs to causes of action: one, six, and eight...
2021.10.20 Demurrer, Motion to Strike 347
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.20
Excerpt: ...o amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike, with leave to amend. (Code Civ. Proc., §§ 435 and 431.10, subd. (b).) Should plaintiff desire to amend, the first amended complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, defendant shall file a responsive pleading within thirty (30) days from the date of this o...
2021.10.19 Motions to Compel Further Responses, for Monetary Sanctions 477
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.19
Excerpt: ... sets one and three, and request for monetary sanctions against defendant. (Code Civ. Proc. §§ 2030.300; 2031.310.) Explanation: Under Fresno Superior Court Local Rule 2.1.17, before a party may file a motion to compel further responses to discovery requests, they must first file a request for a pretrial discovery conference and obtain express leave of court to bring their motion. (Fresno Sup. Ct. Local Rules, Rule 2.1.17 A.) The moving party's...
2021.10.14 Motion for Leave to Amend Complaint 264
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.14
Excerpt: ... be proper, allow a party to amend any pleading. (Code Civ. Proc. § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) The policy favoring amendment is so strong that it is a rare case in ...
2021.10.13 Motion to Set Aside Defaults 490
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.13
Excerpt: ... upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc. § 473(b).) Relief can be based either on: ‐ An 'attorney affidavit of fault', in which event, relief is mandatory; or ‐ Declarations or other evidence showing 'mistake, inadvertence, surpr...
2021.10.13 Motion to Intervene 534
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.13
Excerpt: ....) Code of Civil Procedure, section 387, subdivision (d) provides that “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied … [¶] (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impe...
2021.10.13 Motion to Compel Further Responses, for Monetary Sanctions 543
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.13
Excerpt: ...ant monetary sanctions against defendant and its attorney, Larry Shapazian, in the amount of $960. Defendant and its attorney, jointly and severally, are ordered to pay monetary sanctions in the amount of $960 to the Khorshidi Law Firm, within 30 days of service of this order. Explanation: A court “shall” impose monetary sanctions under Code of Civil Procedure section 2030.300, subdivision (d) against any party, person, or attorney who unsucc...
2021.10.13 Motion to Approve Class Notice Plan 937
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.13
Excerpt: ....) In addition, “[s]ome of the facts relevant to the development of a constitutionally adequate notice plan normally will not be immediately obvious from the class definition itself. Regardless of the size of the class or other relevant circumstances, a demand that the representative plaintiff show how individualized notice could be provided to class members in order to establish an ascertainable class could preempt a more careful, nuanced, and...
2021.10.13 Motion for Approval of PAGA Settlement 249
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.10.13
Excerpt: ...dopted) Tentative Ruling. When reviewing a PAGA settlement, courts look for it to provide relief that is “genuine and meaningful, consistent with the underlying purpose of the statute to benefit the public[.]” (O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1133.) Following O'Connor, one court stated that the showing the court should look for is that the settlement terms (1) meet the statutory requirements set forth ...
2021.09.30 Motion for Determination of Good Faith Settlement, for Approval of Settlement 395
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.30
Excerpt: ...ing 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, subd. (a)(1).) “The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits filed ...
2021.09.29 Motion for Bifurcation of Issues at Trial 036
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.29
Excerpt: ...udice, or when separate trials will be conducive to expedition and economy, the court may order a separate trial of any cause of action or of any separate issue, or any number therefrom. (Code Civ. Proc. § 1048, subd. (b).) Such an order may be made on motion of a party, after notice and hearing. (Id. § 598.) Separate trials, in this context, may be referred to as a bifurcation. (See Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 880, 887...
2021.09.23 Motion for Summary Adjudication 644
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.23
Excerpt: ... of Civil Procedure section 437c. If motions to compel are necessary, defendant is excused from complying with Rule 2.1.17 of The Superior Court of Fresno County, Local Rules. Given how far out hearing dates are being set at this time, defendant may apply ex parte for hearing dates (or a hearing date) for said motion(s). Even so, counsel should move expeditiously to obtain the sought‐after discovery, since the court is not inclined to grant an ...
2021.09.21 Motion for Default Judgment 293
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.21
Excerpt: ...ary 26, 2020. Without the disclosure of the amount demanded on the Statement of Damages, the court cannot determine whether the amount of judgment requested is proper. Relief granted on default cannot exceed amount demanded in the separate statement. (Code Civ. Proc. §580, subd. (a); Greenup v. Rodman (1986) 42 Cal.3d 822, 824 [demand sets ceiling on recovery].) Insufficient Prove‐up Documents The court notes also that the evidence plaintiff h...
2021.09.14 Demurrer, Motion to Strike 553
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.14
Excerpt: ...d. (b).) Should plaintiff desire to amend, the second amended complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, defendant shall file a responsive pleading within thirty (30) days from the date of this order. Explanation: Demurrer According to the court record, on March 11, 2021 defendant's demurrer papers were rejected for failure to pay the r...
2021.09.09 Demurrer 184
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.09
Excerpt: ...irst amended complaint on the grounds that all causes of action stated therein are barred by the applicable statute of limitations and fail to state facts sufficient to constitute a cause of action. Demurrer, in general A demurrer tests only the legal sufficiency of the pleading. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 47.) The pleading is adequate if it apprises the defendant of the factual basis for the plaintiff's cl...
2021.09.08 Motion for Default Judgment 834
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.09.08
Excerpt: ...own to the plaintiff, and all persons plaintiff “reasonably believes will be materially affected by the action, whether the names of such persons are known or unknown to the plaintiff” (i.e., this includes “persons unknown to be served by publication); 4) the estate as to which partition is sought and a prayer for partition of the interests therein; and 5) where the plaintiff seeks sale of the property, an allegation of the facts justifying...
2021.08.31 Motion for Preliminary Approval of Class Action Settlement, Notice of Class Settlement 533
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.08.31
Excerpt: ...n must be filed on or before September 17, 2021. Explanation: Plaintiff has corrected all the technical issues with the settlement agreement, the notice to class members, and the opt‐out form. However, the declaration of Javier Garcia is insufficient. Even where a motion for class certification is uncontested the court has a duty to determine whether certification is appropriate. (See Rubenstein, 3 Newberg on Class Actions § 7:3 (5th ed.); see...
2021.08.26 Motion to Compel Further Responses 395
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.08.26
Excerpt: ...”) to provide further responses to Request for Production of Documents, Set 5, Nos. 105 ‐109, 115‐120, 126 – 131, 137 – 142, 148, 157 – 162, with any withheld documents based on attorney‐client privilege other than that of Flournoy to be identified and described in a privilege log. The documents shall be produced within 20 days of service of the order by the clerk. (Code Civ. Proc., § Code Civ. Proc. § 2031.310, subd. (a).) To den...
2021.08.24 Motion for Summary Judgment 523
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.08.24
Excerpt: ... dates shall run from the new hearing date. Explanation: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” (Code of C...
2021.08.18 Motion for Protective Order 214
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.08.18
Excerpt: ... initially brought to ask for a protective order in the form of a complete stay of discovery pending the ruling on defendant's demurrer to the original complaint. As plaintiff points out, defendant refused to take the motion off calendar once the court had ruled on that motion, sustaining demurrer with leave to amend, but instead defendant attempts to “repurpose” the motion to apply to its demurrer to the First Amended Complaint, which is not...
2021.08.10 Motion for Protective Order 543
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.08.10
Excerpt: ...arry Shapazian, in the amount of $2,250. (Ibid.) Defendant and his counsel shall pay sanctions to plaintiffs' counsel within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure sections 2030.090, 2031.060, and 2033.080, a party served with written discovery requests may move for a protective order to protect them from unwarranted annoyance, embarrassment, oppression, or undue burden or expense. (Code Civ. Proc...
2021.08.03 Motion to Compel Responses, Deposition of PMK, for Monetary Sanctions 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.08.03
Excerpt: ...hese requests or provide a declaration by the Person Most Knowledgeable that such records do not exist within 10 days of the clerk's service of this minute order. The motion is denied as it relates to Request Nos. 46 and 47. To grant sanctions in the amount of $3,660. Defendant JT2, Inc. shall pay the sum of $3,660 to counsel for plaintiff within 30 days of the clerk's service of this minute order. Explanation: “If, after service of a depositio...
2021.07.29 Motion to Exclude Expert Witness 734
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.07.29
Excerpt: ...2034.300.) To deny plaintiffs' motion for leave to serve a tardy expert witness designation. (Code Civ. Proc. §§ 2034.710, 2034.720.) Explanation: Under Code of Civil Procedure section 2034.300, “[O]n objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the f...
2021.07.29 Motion for Preliminary Approval of Class Action Settlement 533
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.07.29
Excerpt: ... described below, must be filed on or before Tuesday, August 24, 2021. The court will entertain a request for continuance to a later date, if plaintiff needs more time. Explanation: Technical Issues: First, insufficient notice of this motion was given: 22 days instead of the required 28 days. (Code Civ. Proc., § 1005, subd. (b); Cal. Rules of Court, Rule 3.764(c)(1).) Since no opposition was filed, this defect was not waived. On this basis alone...
2021.07.28 Petition to Compel Arbitration and Appoint Neutral Arbitrator 733
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.07.28
Excerpt: ...on of any contract.” (Code Civ. Proc., § 1281.) Pursuant to 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 to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy e...

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