Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

554 Results

Clear Search Parameters x
Location: Fresno x
Judge: McGuire, Rosie x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 223)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 320)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 400,50
Array
(
)
2019.7.18 Motion to Transfer Venue 158
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.18
Excerpt: ...which the aggrieved person would have worked but for the alleged unlawful practice; however, if the defendant is not found within any of these counties, the action may be brought within the county of defendant's residence or principal office. (Gov't. Code § 12965, subd. (b).) In Ford Motor Credit Co. v. Superior Court (1996) 50 Cal.App.4th 306 the Appellate Court held that a change of venue is mandatory under Government Code section 12965, s...
2019.7.18 Motion for Summary Judgment 225
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.18
Excerpt: ...es this showing, the burden shifts to the plaintiff to demonstrate that one or more material facts exist as to the cause of action or as to a defense to a cause of action. (CCP § 437(c), subdivision(p)(2).) In a summary judgment motion, the pleadings determine the scope of relevant issues. (Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) A defendant need only “negate plaintiff's theories of liability a...
2019.7.18 Motion for Summary Judgment 204
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.18
Excerpt: ...equires 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. [Citations.] ‘ “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 only be proved by their...
2019.7.18 Motion for Relief from Summary Judgment and Entry of Judgment 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.18
Excerpt: ...s shall be filed in connection with the summary judgment motion. Defendants' motion for summary judgment will be heard on August 15, 2019, at 3:30 p.m. in Dept. 403. Explanation: Due to the fact that plaintiff's counsel failed to file plaintiff's opposition brief and supporting declarations, defendants' motion for summary judgment was granted without considering the opposition. Plaintiff's counsel, Steven Glickman, explains that he mistakenly bel...
2019.7.18 Motion for Leave to File Complaint 141
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.18
Excerpt: ...h the applicable provisions of the Code of Civil Procedure. Should Plaintiff file a motion to continue trial, the costs of such a filing shall be reimbursed by Defendants. Explanation: Defendants have filed a motion for leave to file a cross‐complaint against codefendant Beyond Tech Solutions, Inc. (“Beyond Tech”). Defendants assert that they believe Beyond Tech to be responsible for some portion of the accident at issue in this case. They ...
2019.7.17 Pretrial Discovery of Financial Condition 141
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.17
Excerpt: ...court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits o...
2019.7.16 Motion for Default Judgment 584
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.16
Excerpt: ...n, as herein noted: ∙ Plaintiff has not signed box 6, the declaration of mailing, from mandatory form CIV‐100. ∙ In the Proposed Judgment, the “Judgment in the Prior Action” is listed as for $74,387.88 in paragraph 1, but only $4,905.66 in paragraph 5. Further, the amount of the judgment listed on the CIV‐100 form does not appear anywhere in the Proposed Judgment. ∙ The interest recorded in the CIV‐100 form ($10,414.18) appears no...
2019.7.16 Motion for Court to Decide Petition for Writ of Mandate on the Pleadings 114
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.16
Excerpt: ...gs,” and decide the Petition on the “pleadings alone and without further unnecessary litigation.” (Petitioners' Memorandum of Points and Authorities at 3:9‐10, 4:22‐23, 9:16‐17.) California is a code pleading state. The Code of Civil Procedure provides that pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the court. (Code Civ. Proc., § 420.) The Code provides that the pl...
2019.7.16 Motion for Class Certification and Preliminary Approval of Class Settlement 043
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.16
Excerpt: ...eview and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” The agency in question is the Labor Workforce Development Agency (“LWDA”). 2. Complex Case The law and motion in this matter is expected to be formidable, as in most class actions, even if it is resolved by settlement. If the matter goes to trial, ther...
2019.7.11 Motion for Class Certification and Preliminary Approval of Settlement 334
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.11
Excerpt: ...ation: 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 uncontested motion for ...
2019.7.11 Motion for Leave to Set Evidentiary Hearing 849
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.11
Excerpt: ...n. On February 16, 2017, Bravo and Defendant Ghasan Ali Ahmed entered into a contract whereby Bravo was to construct a home on property located at 6640 W. Yale Avenue, Fresno, CA. See Exhibit A attached to the verified original complaint. The price was $270,000. Ahmed was to pay 10% down‐‐$27,000. However, it is alleged that he insisted on paying $30,000. At some point, it is alleged that Ghasan agreed to pay the subcontractors and materials ...
2019.7.10 Application for Default Judgment 349
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.10
Excerpt: ...ter the accountant's investigation was complete. However, in the complaint, plaintiffs alleged that they are seeking “no less than $500,000”, which is considerably less than what plaintiffs seek now. Thus, the requested default judgment appears to violate the rule against seeking damages in a default judgment that exceed the amount pled in the complaint. “An entry of a default judgment which exceeds the relief requested is an act beyond the...
2019.7.10 Demurrer 498
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.10
Excerpt: ...eading 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 (1985) 39 Cal.3d 311, 318.) Defendant demurs to each cause of action in Plaintiff's complaint on the grounds that: ∙ The address a...
2019.7.2 Motion for Summary Judgment, Adjudication 702
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.2
Excerpt: ...f Court, Rule 3.1350(b).) This action was filed by plaintiff against Wells Fargo only, contending that plaintiff is the only entity with right to the funds on deposit with Wells Fargo in accounts XXXX1634, XXXX‐5109, XXXX‐8420, and XXXX‐8655. Wells Fargo filed a Cross‐Complaint in Interpleader on July 30, 2018, naming Cold Springs and Santa Rosa (the only other tribe claiming an interest in the accounts) as cross‐defendants. Having no i...
2019.7.2 Motion for Summary Judgment 964
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.2
Excerpt: ...ance with Civil Code §§ 8204 and 8410; whether the Mechanic's Lien was properly served in compliance with Civil Code § 8416(a)(7) and thus, whether the Mechanic's Lien is valid. See Civil Code § 8416(e). See the Declaration of Carlos Colima and Exhibits 26 and 27 attached to the Plaintiff's Compendium of Evidence. The Plaintiff has not met its burden pursuant to CCP 437c(p)(1) as the moving party. As a result, there is no need to address the ...
2019.7.2 Motion for Determination of Good Faith Settlement 224
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.7.2
Excerpt: ...ore parties are joint tortfeasors 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), emphasis added.) “A determination by the court that the settlement was made in good...
2019.6.27 Motion to Strike 530
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.27
Excerpt: ...9;irrelevant, false or improper' matters or “a demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b).) A motion to strike is the proper procedure to challenge an improper request for relief, or improper remedy, within a complaint. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) With respect to punitive damage allegations, mere legal conclusions of oppre...
2019.6.27 Motion for Trial Preference, to Set Trial Date 749
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.27
Excerpt: ...urgery Center's demurrer to the complaint. (Code Civ. Proc. § 430.10, subd. (e).) To order North Point to file its answer to the complaint within 10 days of the date of service of this order. Explanation: Trial Preference Motion: Under Code of Civil Procedure section 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 follow...
2019.6.27 Demurrer 586
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.27
Excerpt: ...ition and complaint may be amended will run from service of the order by the clerk. Explanation: In the fifth cause of action petitioner seeks a writ of mandate to compel the County of Fresno to comply with the Government Code § 8899.50(b) requirement to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing and to take no action that is materially inconsistent with ...
2019.6.26 Motion for Summary Judgment 046
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.26
Excerpt: ...der, a proposed judgment consistent with the court's summary judgment order. Explanation: Defendants Saint Agnes and Dr. Simons have both moved for summary judgment as to the entire complaint on the grounds that plaintiffs cannot prevail on their negligence and loss of consortium claims because, according to defendant's expert witness, defendants did not breach the applicable standard of care when providing care and treatment for plaintiff, a...
2019.6.26 Motion for Summary Judgment 023
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.26
Excerpt: ...rt's summary judgment order. Plaintiff's objections are overruled. The court declines to rule on all other objections as none are material to the disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Ca...
2019.6.25 Motions for Protective Orders 230
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.25
Excerpt: ...Jacob, LLP, within 30 days after service of this order. Explanation: “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc. §2025.420(b).) Such a protective order may include directions that all or certain of the writings or tangible things designa...
2019.6.25 Motion to Compel Proper Responses to Discovery 984
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.25
Excerpt: ...3.020.) Defendant shall pay sanctions to plaintiff within 30 days of the date of service of this order. Explanation: Defendant moves to compel plaintiff to provide further responses and documents pursuant to the document request served as part of the deposition notice to plaintiff. (Code Civ. Proc., §§ 2025.280, subd. (a); 2025.450, subd. (a).) Defendant contends that plaintiff failed to comply with the document request served with the depositi...
2019.6.20 Motion to Quash or Modify Subpoena Duces Tecum 984
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.20
Excerpt: ...ion subpoena duces tecum may be made by a party or the non‐party witness. (Civ. Proc. §1987.1.) A motion to quash production of documents must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. (CRC 3.1345, subpara. (a)(5).) That provision also includes the format requirements for a separate statement, which requires that ea...
2019.6.20 Motion for Summary Judgment, Adjudication 450
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.6.20
Excerpt: ... a proposed judgment consistent with the court's summary judgment order. 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(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the initial burden of production to make a prima facie showing of the “nonexistence of any triable is...
2019.5.23 Demurrer 084
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.23
Excerpt: ... liable in tort for negligent injury to those workers. (Lab.Code §3602(a); see also Johnson v. Berkofsky‐Barret Productions, Inc. (1989) 211 Cal.App.3d 1067 [injured employee's relief against employer is limited to workers' compensation]; Santa Cruz Poultry v. Superior Court (1987) 194 Cal.App.3rd 575 [plaintiff's loss of right to bring tort action against employer justified where plaintiff has received workers' compensation coverage].) There ...
2019.5.23 Demurrer, Motion to Strike 949
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.23
Excerpt: ...he clerk's service of this minute order. 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 interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3...
2019.5.23 Motion for Attorney's Fees 733
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.23
Excerpt: ...for attorney's fees and costs, the motion is untimely. Under section 1038, subdivision (a), “In any civil proceeding under the Government Claims Act… or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross‐ defendant, shall, at the time of the granting of any summary judgment, … determine whether or not the plaintiff, petitioner, cross‐complainant, or intervenor broug...
2019.5.23 Motion for Leave to Amend Complaint 384
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.23
Excerpt: .... shows that it has paid all outstanding penalties, fees, and taxes for the time period in which it transacted business in California without first obtaining a certificate of qualification from the Secretary of State. (Corp. Code § 2203, subd. (c).) Explanation: “ ‘Code of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this ...
2019.5.22 Motion for Trial Preference 749
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.22
Excerpt: ...) Explanation: Under Code of Civil Procedure section 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. (...
2019.5.22 Motion for Summary Judgment 304
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.22
Excerpt: ...e accident, loaned to Kozi as part of a farm labor contractor agreement. In the cross‐complaint Kozi asserts two causes of action against RJL for equitable indemnity and comparative fault. RJL's motion is dependent on the conclusion that Kozi totally and completely controlled all of Euceda's employment activities. Initially, the court notes the following rulings on ACM's objections to RJL's evidence: objections nos. 1‐4, 26‐43 are overruled...
2019.5.21 Demurrer 403
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.21
Excerpt: ...clams. All new allegations must be set forth in boldface typeset. Explanation: As of May 17, 2019, no opposition appears in the Court's files. 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 demurrer can be used only to challenge d...
2019.5.16 Demurrer 353
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.16
Excerpt: ...for nonperformance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.” CDF Firefighters v. Maldonado (5th Dist. 2008) 158 Cal. App. 4th 1226, 1239. The pleading alleges a workers compensation policy, with a limit of $1,000,000, policy number GWRC847238, with a coverage period of October 15, 2017 to October 15, 2018, for a price of $4,850, payable in 11 monthly installments with a deposit of $727.50. That is rev...
2019.5.16 Motion for Summary Judgment, Adjudication 643
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.16
Excerpt: ...in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Orange Cnty. Air Pollution Control Dist. v. Superior Court (1972) 27 Cal.App.3d 109, 113.) “The purpose of the motion for summary judgment is to determine whether issues presented by the pleadings actually are triable iss...
2019.5.16 Motion for Approval of PAGA Settlement 294
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.16
Excerpt: ... discussed in those rulings. The same settlement is now submitted for approval a third time. In the time since it was signed, case law has clarified several issues which also weigh against approval. In Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal. App. 5th 667, 674‐ 675, the Court of Appeal determined that the 226.3 penalty applied to all violations of Labor Code section 226(a), not just where the employer completely failed t...
2019.5.16 Motion for Attorney Fees 373
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.16
Excerpt: ...39;s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to make an initial determination of the actual time expended; and then to ascertain whether under all the circumstances of the case the amount of actual time expended and the monetary charge bein...
2019.5.15 Motion for Attorney's Fees 166
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.15
Excerpt: ...improper requests for fees. To grant the motion for costs, less $520 for Court Call fees which are expressly prohibited by Civil Code section 1033.5. Sukhdev Gill and Harjit Singh are awarded costs in the amount of $3,724.38. Explanation: In the case at bar, Sukhdev Gill and Harjit Singh move for an award of attorney fees in the amount of $ 41,852.00 pursuant to Civil Code section 1717, as well as costs in the amount of $ 4,244.38. Opposing parti...
2019.5.14 Petition to Compel Arbitration 124
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.14
Excerpt: ...onse within 10 days after service, the Court will exercise its discretion and consider Plaintiff/Respondent Inmany's (“Respondent”) late‐filed opposition, as no prejudice to Petitioner is apparent. (See, e.g., Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 847; Hoover Community Hotel Development Corp. v. Thomson (1985) 168 Cal.App.3d 485, 488.) PAGA/Waiver A PAGA action may be brought “by an aggrieved employee on behalf o...
2019.5.9 Motion for Leave to File Amended Complaint 240
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.9
Excerpt: ...f the minute order. All new allegations in the first amended complaint are to be set in boldface type. 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.) Where no prejudice is shown to the adverse party, “courts are bound to apply a policy of liberality in ...
2019.5.9 Demurrer, Motion to Strike 565
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.9
Excerpt: ...demurrer to the second through seventh causes of action with leave to amend. To grant the motion to strike references to punitive damages with leave to amend. A Third Amended Complaint in conformity herewith shall be filed and served within 10 days of the clerk's service of this minute order. All new allegations shall be in boldface type font. Explanation: Court's Own Motion to Strike Third Amended Complaint: Code of Civil Procedure section 436 p...
2019.5.8 Motion to Compel Further Responses 244
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.8
Excerpt: ... court has already ordered CMF to provide documents responsive to those requests at the pretrial discovery conference, and thus no new order is necessary. The court's prior order is still in effect, and CMF is obligated to comply with it. If CMF continues to fail to produce documents as ordered, it will be subject to additional sanctions, including potential issue, evidence or terminating sanctions. (Code Civ. Proc. § 2031.320, subd.'s (b) and (...
2019.5.7 Motion to Compel Further Responses, for Production of Docs, for Monetary Sanctions 244
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.7
Excerpt: ...mpelling defendant to provide documents pursuant to his agreement to do so. (Code Civ. Proc. §§ 2031.310; 2031.320.) Defendant shall provide further responses without objections and responsive documents within 10 days of the date of this order. To grant sanctions against defendant (but not his attorney) in the amount of $1,060. Sanctions shall be paid within 30 days of the date of this order. Explanation: First, while defendant Schoonover has a...
2019.5.2 Motion for Attorney's Fees, to Tax or Strike Costs 149
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.2
Excerpt: ...minute order. Explanation: Motion for Attorney's Fees: A prevailing buyer in an action under the Song– Beverly Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ...
2019.5.2 Motion to Quash Subpoenas or for Protective Order 549
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.2
Excerpt: ...n of documents is ordered stayed until five days after the protective order is signed by the Court. Explanation: A motion to quash or modify a subpoena may be made on the grounds that the matters sought to be discovered are privileged, protected, or otherwise beyond the scope of discovery. (Code Civ. Proc. §2017.010.) A motion may also be brought on the grounds that the discovery sought is unreasonable, or oppressive or is an unreasonable violat...
2019.5.2 Petition to File Late Government Claim 473
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.5.2
Excerpt: ...elieving the petitioner from Section 945.4." (Gov't. Code § 946.6, subd. (a).) Under section 946.6, subdivision (c), "The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 [e.g., no more than one year after the claim accrued] and was denied or d...
2019.4.30 Motion for Summary Judgment, Adjudication 823
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.30
Excerpt: ...rd, eighth, eleventh, fifteenth, sixteenth and eighteenth causes of action. (Code Civ. Proc. § 437c(f)(1).) Explanation: Plaintiff asserts 18 different employment‐related claims, including discrimination, harassment, retaliation, and wage and hour claims. As pointed out in the moving papers, plaintiff made many admissions at his deposition that were devastating to most of his claims. The court notes that the moving papers primarily rely on pla...
2019.4.4 Motion to Substitute Decedent's Successor in Interest 644
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.4
Excerpt: ... is correct that the plaintiff's causes of action survive even after her death. “Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) Also, “A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (Code Civ. Proc.,...
2019.4.3 Motion for Judgment on the Pleadings 540
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.3
Excerpt: ...ade on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd.'s (b)(1) and (c)(1)(A).) Here, plaintiff contends that the answer fails to allege any facts to support an affirmative defense to the claims al...
2019.4.3 Motion for Consolidation 244
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.3
Excerpt: ...mon question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Here, it does not appear that there are sufficient overlapping facts or issues of law that would justify consolidating the cases. Plaintiffs claim tha...
2019.4.3 Motion for Class Certification and Preliminary Approval of Class Settlement 103
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.4.3
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...

554 Results

Per page

Pages