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2021.02.23 Motion for Final Approval of Class Action Settlement, for Attorney's Fees 704
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.23
Excerpt: ...ules of Court, rule 3.769, subd.(a).) The approval of the settlement also requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, R...
2021.02.23 Demurrer, Motion to Strike 937
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.23
Excerpt: ...demnation, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Ibid.) To sustain the demurrer to the fifth cause of action for unjust enrichment, with leave to amend, for failure to state facts sufficient to constitute a cause of action. (Ibid.) To overrule the demurrer to the sixth cause of action for breach of implied warranty. (Ibid.) To deny defendant's motion to strike the specific allegations in t...
2021.02.18 Petition to Confirm Arbitration Award 834
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.18
Excerpt: ...��Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this sta...
2021.02.18 Motion to Compel Further Responses 530
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.18
Excerpt: ...dered to pay $3,600 in sanctions to defendant's counsel's law firm within 30 days of service of this order. Explanation: Compelling Further Responses A court “may” – but is not required to – address the merits of discovery responses filed after a motion to compel. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409.) Accordingly, in light of plaintiff supplemental responses, defendant's m...
2021.02.11 Motion to Compel Answers to Deposition Questions 044
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.11
Excerpt: ...kar shall provide further answers as to all questions in the plaintiff's separate statement of disputed responses, except for questions 3, 5, 14, and 23 (Chandrasekar depo., pp. 28:8‐20; 29:5‐ 9; 71:22 ‐ 72:8; 169:19 ‐ 170:2), which seek improper expert testimony from this percipient witness. To grant plaintiff's motion to compel Dr. Pietz to provide further answers to all of the disputed deposition questions. To grant plaintiff's motion ...
2021.02.11 Motion for Terminating Sanctions 293
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.11
Excerpt: ...3.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc., § 2030.010, subds. (d) & (g).) Section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected p...
2021.02.11 Motion for Leave to Add New Party, File FAC 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.11
Excerpt: ...ed complaint adding a new party defendant. (Code Civ. Proc., §473, subd. (a)(1).) Plaintiff shall file and serve the first amended complaint within 5 days of the clerk's service of this order. All new allegations shall be in boldface type. To grant Cross‐complainant's motion for leave to add a new party crossdefendant and file a first amended cross‐complaint. (Code Civ. Proc., §473, subd. (a)(1).) Cross‐complainant shall file and serve th...
2021.02.04 Motion to Compel Further Responses 494
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.04
Excerpt: ... further responses to document requests, set one, numbers 5, 37‐39, 41, 43, and 45‐63. To deny the motion to compel further responses to request numbers 28 and 29. (Code Civ. Proc. § 2031.310.) Defendant shall serve verified supplemental responses without objections within 20 days of the date of service of this order. Explanation: Meet and Confer: First, to the extent that defendant argues that the plaintiff's counsel did not meet and confer...
2021.02.04 Motion for Summary Judgment 090
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.04
Excerpt: ...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 analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's cl...
2021.02.04 Motion for Class Certification and Preliminary Approval of Settlement 493
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.04
Excerpt: ...ion whether proposed classes are sufficiently cohesive to warrant adjudication. The focus of the Rule 23(a) inquiry remains on inequity and potential inequity at the precertification stage. So when (as here) the district court certifies the class at the same time it approves a settlement, the requirements of Rule 23(a) demand undiluted, even heightened, attention. Amchem, 521 U.S. at 620." (In re Payment Card Interchange Fee and Merchant Discount...
2021.02.04 Demurrer, Motion to Strike 364
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.02.04
Excerpt: ...All new allegations are to be set in boldface type. To grant the motion to strike the prayer for punitive damages without prejudice to plaintiff's ability to file a motion in compliance with Code of Civil Procedure section 425.13. The motion is moot as to the seventh cause of action in light of the ruling on the demurrer. Explanation: Demurrer Special demurrer Defendant demurs to each of the challenged causes of action on the ground that several ...
2021.01.28 Motion to Strike 036
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.28
Excerpt: ...436 to strike specific references to an alleged assault which occurred on December 2, 2016 in the second and third causes of action, as barred by the statute of limitations. Plaintiff's original complaint alleged an assault occurring on December 10, 2016. Plaintiff's First Amended Complaint changed that date to December 2, 2016. Plaintiff claims that her amendment the complaint relates back to the original filing and is therefore timely. Traditio...
2021.01.21 Petition to Compel Arbitration, Stay Action 548
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.21
Excerpt: ... Civ. Proc. §§ 1281.2; 1281.4; 9 U.S.C. § 1, et seq.) Explanation: Defendant Western Riverside Council of Governments (WRCOG) moves to compel arbitration of the dispute pursuant to the Federal Arbitration Act (9 U.S.C. section 1, et seq.), or alternatively, under the California Arbitration Act (Code of Civil Procedure section 1281.2, et seq.). Under the Federal Arbitration Act, A written provision in … a contract evidencing a transaction inv...
2021.01.21 Motion to Compel Further Production of Withheld Docs 395
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.21
Excerpt: ...ied in their revised privilege log served on April 6, 2020, except those documents identified on pages 5, 14, 27, 34 and 74 of said log as being unrelated to this litigation, and those documents already produced with the privilege log on April 6, 2020. The documents shall be produced within 30 days of service of the order by the clerk. (Code Civ. Proc., § Code Civ. Proc. § 2031.310, subd. (a).) To deny all parties' requests for sanctions. (Code...
2021.01.21 Demurrer 264
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.21
Excerpt: ...vice of this minute order. Explanation: “'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 interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) First Cause of...
2021.01.21 Demurrer 124
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.21
Excerpt: ...from the clerk's service of the minute order. New allegations in the amended complaint are to be set in boldface type. Explanation: On a demurrer, the facts alleged in the pleading 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 only the legal sufficiency of the pleading. [Citation....
2021.01.14 Motion to Compel Deposition of PMQ 374
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.14
Excerpt: ...monetary sanctions. To deny plaintiff's renewed motion for right to attach order. (Code Civ. Proc. § 1008, subd. (b).) Explanation: Motion to Compel Deposition of PMQ: “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of t...
2021.01.07 Motion for Summary Judgment, Adjudication 623
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.07
Excerpt: ...e in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profession under similar circumstances. ‘ “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can onl...
2021.01.07 Motion for Summary Adjudication 867
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.01.07
Excerpt: ...le issue of material fact exist are to be resolved in favor of the party opposing summary judgment/adjudication. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562; see also See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 900 [“Summary adjudication is a drastic remedy and any doubts about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.”].) Accordingly, “[t]h...
2020.12.17 Motion to Tax Costs 624
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.12.17
Excerpt: ...osts in the amount of $6,041.77. Explanation: A party's right to recover costs is governed entirely by statute, and a prevailing party is entitled as a matter of right to recover his or her allowable costs. (Code Civ. Proc. §1032, subd. (b); Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 241.) “Allowable” costs awarded to a prevailing party must be (1) incurred by that party; (2) reasonably necessary to the conduct o...
2020.12.17 Motion for Good Faith Determination of Settlement 066
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.12.17
Excerpt: ...ent was within the “good faith ballpark” is to be evaluated on the basis of information available at the time of settlement, including: 1) A rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) The amount paid in settlement; 3) A recognition that a settlor should pay less in settlement than if found liable after a trial; 4) The allocation of the settlement proceeds among plaintiffs; 5) The settlor's ...
2020.12.17 Demurrer, Motion to Strike 723
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.12.17
Excerpt: ...ted 10 days' leave to file the First Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type. If oral argument is requested, it will be set for December 22, 2020, at 1:30 p.m. in Dept. 502. Explanation: Demurrer General Standard of Ruling The function of a demurrer is to test the sufficiency of a plaintif...
2020.12.17 Demurrer 936
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.12.17
Excerpt: ...in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order. Explanation: A demurrer is appropriate “[w]hen any ground for an objection to a complaint . . . appears on the face thereof, or from any matter of which the court is required to or may take judicial notice . . . .” (Code Civ. Proc., § 430.30, subd. (a).) A court should sustain a demurrer where a complaint fails to state “facts suffi...
2020.11.17 Demurrer 444
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.11.17
Excerpt: ...laint is operative. Eight causes of action are alleged therein: (1) negligence; (2) violation of title IX; (3) violation of 42 USC 1983; (4) violation of Cal. Ed. Code § 200 et. seq.; (5) violation of Cal. Const., Art. I, § 28; (6) intentional infliction of emotional distress; (7) negligent infliction of emotional distress; and (8) breach of mandatory duty pursuant to Cal. Gov't. Code § 815.6. Defendants Laton Unified School District and Jason...
2020.11.17 Motion for Approval of PAGA Settlement 366
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.11.17
Excerpt: ... breaks; (b) payment for all hours worked; (c) reimbursement all of the business expenses necessarily incurred by Plaintiffs and other aggrieved employees in performance of their duties; (d) payment of all overtime wages owed; (e) correctly itemized wage statements, and (f) payment of all wages due at termination of employment. Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governmen...
2020.11.17 Motion to Set Aside Default 743
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.11.17
Excerpt: ...ing served. She claims that she suffered from, and was diagnosed with, post‐partum depression following the birth of her second child on August 8, 2018. Vu's parents, the plaintiffs, knew of Vu's struggle with post‐partum depression and nonetheless, filed the lawsuit when she was ill. Vu claims to have suffered post‐partum depression for a year and half after the birth: “Once I became healthy and employed, I contacted my attorney and aske...
2020.11.12 Motion to Set Amount of Bond on Appeal 908
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.11.12
Excerpt: ...q. A judgment or order directing the sale, conveyance or delivery of possession of real property is stayed on appeal only by posting bond or undertaking. (§ 917.4; First Federal Bank of California v. Fegen (2005) 131 Cal.App.4th 798, 800.) The amount of the undertaking of bond is fixed by the trial court on the appellant's motion. (§ 917.4.) The bond or undertaking is given on the condition that “the appellant or party ordered to sell, convey...
2020.11.10 Motion for Summary Judgment, Adjudication, for Sanctions 044
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.11.10
Excerpt: ...otion for summary adjudication of defendant City of Firebaugh's affirmative defense of design immunity. (Ibid.) To deny defendant City of Firebaugh's motion for sanctions against plaintiff for bringing a frivolous motion for summary adjudication. (Code Civ. Proc. § 128.7.) Explanation: Hiller Aircraft's Motion for Summary Judgment: Hiller has only moved for summary judgment as to the entire complaint, not summary adjudication of each separate ca...
2020.10.27 Motion for Determination of Good Faith Settlement 514
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.27
Excerpt: ...le of Court 3.1382. Under Rule 3.1382, “The notice of motion or application for determination of good faith settlement must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed.” (Italics added.) The language of the rule is mandatory, so failure to comply with its requirements can support denial of the motion to determine a good faith settlement. Here, Vasquez's n...
2020.10.22 Motion for Final Approval of Class Action Settlement, for Attorney's Fees 134
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.22
Excerpt: ...bor Standards Act (“FLSA”) in the settlement, and denied preliminary approval because such were not met. Those rulings are incorporated herein for reference. The problem language from the prior settlements was removed, and preliminary approval was given to the current proposed settlement. However, in reviewing the settlement for this final approval motion, the Court finds that four lines purporting to lay FLSA claims to rest are included. (Ex...
2020.10.21 Motion for Default Judgment 574
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.21
Excerpt: ...alleged rental use of the property. Explanation: Reconsideration of Service by Publication Order Inadequate service violates constitutional due process requirements of notice and a reasonable opportunity to be heard. (Brown & Weil, Civil Procedure Before Trial, section 4:4, citing Mullane v. Central Hanover Bank & Trust Co. (1950) 339 U.S. 306, 314: “The means employed must be such as one desirous of actually informing the defendant might reaso...
2020.10.15 Motion for Trial Preference 313
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.15
Excerpt: ... 36, subdivision (a), A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) “Upon the granting...
2020.10.15 Demurrer 394
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.15
Excerpt: ...ode section 17200, et seq. (the Unfair Competition Law, or “UCL” claim), without leave to amend. To sustain the special demurrer for uncertainty to the UCL claim, with leave to amend. To overrule the general demurrer to the UCL claim, but with defendants being given leave to demur generally to this claim should plaintiff file an amended complaint. To be clear to plaintiff: she is given leave only to file an amended complaint raising a UCL cla...
2020.10.14 Motion for Leave to Intervene and File Complaints in Intervention 604
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.14
Excerpt: ... not sue or defend itself against a lawsuit. (Rev. & Tax Code, § 23301.) 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 pers...
2020.10.07 Motion for Leave to File Amended Complaint 074
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.07
Excerpt: ...5) 39 Cal.3d 290, 296 [courts “bound to apply” policy of great liberality in permitting amendments to complaint at any stage of proceedings, up to and including trial]; Desny v. Wilder (1956) 46 Cal.2d 715, 751 [“Great liberality is indulged in matters of amendment to the end that lawsuits may be determined upon their merits.”]; Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380 [leave to amend to be liberally granted]; Landis v. ...
2020.10.01 Motion to Set Amount of Bond on Appeal 908
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.10.01
Excerpt: ...g dispossessed from the real property at issue, i.e., the cost of use for other offices and worship space, etc. by October 15, 2020. A brief not to exceed five pages may also be filed and served at that time. Defendants shall file and serve any response (including competent evidence) by October 30, 2020. Any responsive brief may not exceed five pages. Explanation: Code of Civil Procedure1 section 916 provides the general provision which stays all...
2020.09.29 Motion for Summary Judgment, Adjuciation 008
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.29
Excerpt: ...th Rules of Court, Rule 3.1350. Weil & Brown, Civil Procedure Before Trial (TRG, 2019) section 10:96 states: “The statement must be a separate document, not part of the notice of motion” and that it “should” have a separate caption. Furthermore, pursuant to California Rules of Court, rule 3.1350(g) “[i]f evidence in support of … a motion exceeds 25 pages, the evidence must be separately bound and must include a table of contents.” D...
2020.09.24 Demurrer 574
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.24
Excerpt: ...action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 820; see also CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239.) The facts of the complaint, are taken as true, as is plaintiff's interpretation of a contract, if reasonable. ...
2020.09.23 Motion for Preliminary Approval of Class Action Settlement 704
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.23
Excerpt: ...t certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (In re Tobacco II Cases (2009) 46 Cal. 4th ...
2020.09.22 Motion to Compel Further Responses 401
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.22
Excerpt: ...d the motion to deem the admissions admitted. To grant the motion to compel further responses to request for production of documents number 68; to deny as to the remaining requests. To grant the motion to compel further responses to Form Interrogatory 17.1/RFA nos. 51‐55; to deny the motion as to form interrogatory 17.1/RFA nos. 60, 68, 69 and 71. To deny the motion for sanctions. Verified responses to request for production of documents, numbe...
2020.09.22 Motion to Compel Deposition of PMK, to Compel Further Responses 374
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.22
Excerpt: ...n to compel the deposition of defendant Vantage's person most knowledgeable was withdrawn the day before the hearing. To deny plaintiff's motion to compel further responses to requests for admissions, form interrogatory 17.1, request for production of documents, and special interrogatories. (Code Civ. Proc. §§ 2030.300; 2031.310; 2033.290.) To deny plaintiff's request for monetary sanctions against Vantage. (Ibid.) Explanation: Motion to Compel...
2020.09.17 Motion to Set Aside Default 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.17
Excerpt: ...ceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.” Relief under section 473, subdivision (b) can be based either on: an “attorney affidavit of fault,” in which event relief is mandatory; or declarations or other evidence showing “mistake, inadvertence, surprise or excusable neglect,” in which event relief is discretionary. Code of Civil Procedure section 473, subdivision (b) also p...
2020.09.17 Demurrer 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.17
Excerpt: ...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.) In assessing the sufficiency of the complaint against the demurrer, we treat the demurrer as admitting all material facts properly pleaded, bearing in mind the appellate courts' ...
2020.09.16 Special Motion to Strike, Demurrer 284
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.16
Excerpt: ...Explanation: Special Motion to Strike: Code of Civil Procedure section 425.16 provides, “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there ...
2020.09.15 Motion for Summary Adjudication 867
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.15
Excerpt: ...ruled. (Williams v. Saga Enterprises, Inc. (1990) 225 Cal.App.3d 142, 149; Walter E. Heller Western, Inc. v. Tecrim Corp. (1987) 196 Cal.App.3d 149, 158.) The remaining objections to evidence are not material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) Explanation: Summary Adjudication Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punit...
2020.09.15 Demurrer, Motion to Strike 413
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.15
Excerpt: ...ke, without leave to amend. Defendant Hudson Insurance Company is granted 10 days' leave to file its answer to the complaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Plaintiff does not oppose the motion to strike the prayer and allegations regarding punitive damages, so it is granted. As for the demurrer for uncertainty, defendant fails to specify what is uncertain about the s...
2020.09.09 Motion for Class Certification and Preliminary Approval of Settlement 026
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.09
Excerpt: ... CLASS CERTIFICATION “Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class represen...
2020.09.09 Demurrer 309
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.09
Excerpt: ...d. Should plaintiffs desire to file a Second Amended Complaint, that must be done in 20 days from the date of this order and any new allegations must be in bold print. Explanation: I. Demurrer General Standard of Ruling The function of a demurrer is to test the sufficiency of a plaintiff's pleading 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;...
2020.09.01 Motion to Compel Further Responses 395
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.01
Excerpt: ...ayte & Carruth, LLP's (“McCormick Barstow”) Motion: To deny the motion to compel further responses to Request for Admissions (“RFA”). To grant the motion to compel further responses to Form Interrogatory no. 17.1 as to RFA nos. 35‐43, 45‐51, 53‐83, 86‐99, 100‐108; otherwise deny. To impose monetary sanctions against plaintiff Ted Switzer and in favor of the moving party in the sum of $1,485. Gordon M. Park, Dana B. Denno and Ire...
2020.08.27 Motion for Certification of Class Action 937
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.08.27
Excerpt: ...rtify the class does not match the proposed class as described in the third amended complaint, which can justify denial of certification. In the third amended complaint, plaintiffs defined the proposed class as: All individuals and entities in the Northeast Fresno, California area who own or lease real property receiving water from the City of Fresno's Northeast Surface Water Treatment Facility who have been harmed in their person or property, in...

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