Search

Array
(
)

614 Results

Clear Search Parameters x

Location: Fresno x

Judge: Tharpe, D. Tyler 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 = 556)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 0,50

Array
(
)

2024.05.23 Motion for Terminating Sanctions 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.23

Excerpt: ... ion: Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a moti on to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further m...

2024.05.23 Motion for Attorney Fees and Prejudgment Interest 240
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.23

Excerpt: ...ure and mode of comp ensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties . . ..” (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." The Rental Agreement between the parties...

2024.05.23 Demurrer, Motion to Strike 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.23

Excerpt: ..., Inc. , shall ﬁle and serve a First Amended Complaint within 10 days of the date of service of this order by the clerk. All new allegations shall be in boldface. Explanation: Plaintiff FFF Enterprises, Inc. (“Plaintiff”) ﬁle an original Complaint stating four causes of action for: (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit based on the failure to pay for electrical components. Demurrer Defen...

2024.05.22 Motion to Enforce Settlement Agreement 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...s i n the total amount of $2,499.90, payable within 10 days of the date of this order, with the time to run from the service of this minute order by the clerk. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3: 30 p.m.). 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 presen...

2024.05.22 Motion to Compel Arbitration and Stay Proceedings 568
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...il Installment Sale Contract. To stay this action and the remaining claims against the remaining parties pending the completion of arbitration. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanati on: In moving to compel arbitration, defendants must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The...

2024.05.22 Motion to Compel Arbitration 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...rings a purp orted wage and hour class action against his former employer on behalf of himself and all others similarly situated. Defendant now seeks an order compelling plaintiff to private arbitration of his individual claims, and dismissal of the class claims. A tr ial court is required to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc., § 1281.2.) However, th...

2024.05.22 Motion for Summary Judgment, Adjudication 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ... Contr eras. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: Evidentiary Objections Evidentiary objection numbers 1 through 3 and 5 through 7, wherein defendant objects to the articles and excerpts of various construction and building standards attached as exhibits to the declaration of Zachary M. Moore, PE, DFE, CXFT, are sustained for lack of foundation. In evidentiary o...

2024.05.22 Motion for Attorney Fees 880
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...der. If or al argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: 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 t o 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 ...

2024.05.22 Motion for Approval of Settlement 618
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...ill b e entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: 1. Introduction “The 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).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to...

2024.05.21 Demurrer 581
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ...to the Com plaint ﬁled August 25, 2023, plaintiff suffered personal injury on May 3, 2021. Accordingly, the two -year statute of limitations applies (Code Civ. Proc., § 335.1), and expired May 3, 2023. The Complaint clearly was not ﬁled within two years of the injur y. “A demurrer on the ground of the bar of the statute of limitations lies where it “appear[s] clearly and affirmatively that, upon the face of the complaint, the right of ac...

2024.05.21 Motion for Preferential Trial Setting 947
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ...all g rant 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), paragraph breaks omitted.) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days fr...

2024.05.21 Motion for Summary Judgment, Adjudication 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ...) In movi ng for summary judgment, a “defendant … has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action … cannot be established, or that there is a complete defense to the cau se of action.” (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff Fresno Community Hospital and Medical Center, d/b/a Community Health System (“CMC”) alleges two causes o...

2024.05.21 Petition to Permit Late Claim 477
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ... fails to ﬁle a timely claim, a “written application may be made to the public entity for leave to present such claim.” Plaintiff made such an application to the Fresno Housing Authority (“FHA”), but the application was denied. The court can only grant relief t o present a late claim if the application was made within a reasonable time not to exceed one year from the actual date of the cause of action. (Gov. Code, § 911.4, subd. (b).) ...

2024.05.02 Motion for Summary Judgment, Adjudication 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02

Excerpt: ...vice of the minute order, a proposed judgment consistent with the court's summary judgment order. The motion to modif y a protective order is off calendar, as no papers have been ﬁled. Explanation: Summary judgment is properly granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) In moving for summary judgment, a “defendant … has m...

2024.05.02 Motion for Summary Judgment, Adjudication 348
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02

Excerpt: ...ulting in injurie s (the "Incident"). The court denies defendant China Peak's motion for summary judgment or summary adjudication for the reasons stated below. Law Governing Summary Judgment A trial court shall grant summary judgment if there are no triable issues of mate rial fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c).) In determining a motion for summary judgment, the co...

2024.05.02 Motion for Reconsideration 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02

Excerpt: ... not speciﬁcally denying the motion without prejudice. The ruling is hereby amended to reﬂect that plaintiff's ﬁrst Motion for Order Permitting Pretrial Discovery Regarding Defendant Richard Pike's Proﬁts and Financial Condition is denied without prejudice. P laintiff's second motion is now continued to Thursday, June 27, 2024, at 3:30 p.m. in Department 501. In ruling on the motion, the court will consider all evidence presented by plain...

2024.05.02 Motion for Attorney Fees, to Tax Costs 728
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.02

Excerpt: ...orney's Fe es: 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. Code, § 1794, subd. (d).) The statute...

2024.05.01 Motion for Summary Judgment, Adjudication 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.01

Excerpt: ...ted to sub mit a proposed judgment consistent with this order, within ﬁve days of service of the minute order by the clerk. Explanation: Fresno Uniﬁed School District (“FUSD”) moves for summary judgment or, in the alternative, for summary adjudication as to the thi rd, fourth and ﬁfth causes of action for negligent hiring, supervision or retention of an unﬁt employee, failure to report suspected child abuse, and negligent supervision ...

2024.05.01 Motion for Judgment on the Pleadings 648
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.01

Excerpt: ...2024. Any oppos ition and reply due dates shall run from the new hearing date. Explanation: Plaintiffs Wesley Wilson (Wilson) and Press Box, Inc. (Press Box), have dismissed most of the causes of action in their Complaint against defendant Martin McCubbin (McCubbin). One cause of action arising out of a bar ﬁght caused by McCubbin in October 2022 remains for each plaintiff. For plaintiff Wilson, only the third cause of action for assault and ba...

2024.05.01 Demurrer, Motion to Strike 097
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.01

Excerpt: ...ﬂiction of emotional distress and medical negligence, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To overrule the general demurrer as to the causes of action for intentional inﬂiction of emotional distress and medical negligence. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike portions of the Third Amended Complaint in part, and strike: the attachment of a phone log; the attachment of a letter dated Sept...

2024.04.30 Motion to Quash Service of Summons, to Compel Arbitration and Stay Proceedings 737
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.30

Excerpt: ...ions to quash. To grant the motion to compel arbitration and order plaintiffs to arbitrate their claims against defendants. The action is stayed pending completion of arbitration. Explanation: Motion(s) to Quash Moving defendants deem themselves passive “Single Purpose Entities,” with insufficient contacts with California to confer jurisdiction. However, the motions all admit that the respective defendants are some degree of partner to the in...

2024.04.30 Demurrer, Motion to Strike Complaint 667
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.30

Excerpt: ...n ey's fees from the Complaint. To grant leave to amend the Complaint to state claims by the Trust, provided it retains a licensed California attorney to represent it. To grant leave to amend the Complaint as to Mr. Peterson, provided that he either repres ents himself or has a licensed attorney represent him. To deny leave to amend to request attorney's fees. To overrule the demurrer to the ﬁrst cause of action. To sustain the demurrer to the ...

2024.04.24 Motion for Judgment on the Pleadings 107
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24

Excerpt: ...named defend ants—Fresno Area Express, City of Fresno (the "City"), and County of Fresno. Plaintiff alleges the City failed to meet the heightened standard of care when the bus driver failed to assist her as she was boarding the bus in her wheelchair, causing her to ﬂip backwards and sustain injuries. Motion for Judgment on the Pleadings A motion for judgment on the pleadings performs the same function as a general demurrer. "The ...

2024.04.24 Motion for Reconsideration 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24

Excerpt: ...sa nctions. To deny plaintiffs' request for sanctions against defendant and his counsel for bringing frivolous motions for reconsideration. Explanation: Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has bee n made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon t...

2024.04.24 Motion for Terminating Sanctions 617
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24

Excerpt: ...court orders to provide discovery. The Complaint ﬁled by plaintiff on February 24, 2022, is dismissed, without prejudice. (Code Civ. Proc. §2023.030, subd. (d)(3).) Explanation: Section 2023.010 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) and (g).) Section 20...

2024.04.24 Motion to Compel Compliance with Subpoena, for Monetary Sanctions 809
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24

Excerpt: ... the mo tions compelling Prestige Urgent Care's compliance with subpoena, without prejudice. (Code Civ. Proc., § 2020.220, subds. (b) -(c); Cal. Rules of Court, rule 3.1346.) To deny the motions for defendant Homegoods, Inc.'s responses to Requests for Production of Documents, Sets One and Two, since Homegoods, Inc. served its veriﬁed responses on April 9, 2024. To award monetary sanctions in the total amount of $1,320 against Homegoods, Inc.'...

2024.04.24 Motion to Enforce Settlement 238
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.24

Excerpt: ...tentative ruling, a proposed judgment. Explanation: Plaintiffs Jay Hylton and Krystal Hylton (together “Plaintiffs”) seek to enforce a settlement agreement by and between them and defendant FCA US LLC (“Defendant”) under Code of Civil Procedure section 664.6. 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 . . ...

2024.04.23 Motion to Strike 378
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.23

Excerpt: ...tence in the w rongful death cause of action which reads, “Plaintiffs also contend that these defendants' negligence was not only simple, but also gross, and that punitive and exemplary damages should be awarded against all defendants named in the accompanying punitive d amages attachment;” and the entire exemplary damages attachment. Leave to amend is denied. The motion is denied as to the allegations of plaintiff's alternative theory of lia...

2024.04.23 Demurrer, Motion to Strike 268
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.23

Excerpt: ...rstores, Inc., Carmax Business Services, LLC, and Safeco Insurance Company of America are directed to ﬁle an Answer within 10 days of service of the minute order by the clerk. Explanation: Demurrer Defendants Carmax Auto Superstores, Inc., Carmax Business Se rvices, LLC, and Safeco Insurance Company of America (collectively “Defendants”) generally demur to the entirety of the Complaint by plaintiff Parminder S. Kaler (“Plaintiff”) for f...

2024.04.18 Demurrer 897
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.18

Excerpt: ...ldface type. Explanation: Defendants IEC Corporation and IEC/AAI Holdings, Inc. dba UEI College (hereinafter, together “UEI College”) demur to the fourth, sixth and seventh causes of action alleging fraud, negligent misrepresentation and intentional misrepresentation on the ground that plaintiffs fail to state facts sufficient to state a cause of action. The essential elements of a count for intentional misrepresentation are (1) a misrepresen...

2024.04.17 Motion to Enforce Settlement 270
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.17

Excerpt: ...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 settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court to...

2024.04.17 Motion to Compel Arbitration and Stay Proceedings 397
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.17

Excerpt: ...valid arbi tration agreements.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) Then, “[o]nce the moving party has satisﬁed its burden, the litigant opposing arbitration must demonstrate grounds which require t...

2024.04.16 Motion to Set Aside Default, Judgment 709
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.16

Excerpt: ...1. Explanation: First, while plaintiff relies on Code of Civil Procedure section 473.5, subdivision (a), to support her motion, that provision of law does not apply here. That provision states that, “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and ﬁle a notice of motion to set aside...

2024.04.16 Demurrer to SAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.16

Excerpt: ...plaint, w ithout leave to amend. (Code Civ. Proc., § 430.010, subd. (e).) If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation: Each defendant demurs to plaintiff's Second Amended Complaint, which alleges a single cause of action for medical malpractice. Defendants all contend that the cause of action is barred by the applicable statute of limitations un...

2024.04.16 Demurrer to Amended Answer, Motion for Interlocutory Judgment 258
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.16

Excerpt: ...eﬁng is authorized to address the rights and interests of the parties in the subject real property. Defendant Christopher S. Kelley may ﬁle a supplemental opposition no later than 5:00 p.m. on May 3, 2024. Plaintiff Amy L. Knight may ﬁle a supplemental reply no later than 5:00 p.m. on May 9, 2024. If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation...

2024.04.11 Motion for Relief from Judgment 179
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.11

Excerpt: ...summary ju dgment. Speciﬁcally, plaintiff seeks to set aside (1) the court's order denying the January 24, 2024, ex parte application to continue the hearing for summary judgment pursuant to Code of Civil Procedure section 437c, subdivision (h); (2) the court's deni al of plaintiff's untimely request for oral argument on the January 25, 2024, motion for summary judgment; (3) the January 25, 2024, order granting defendants' motion for summary ju...

2024.04.11 Motion for Summary Judgment, Adjudication 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.11

Excerpt: ...3 :30 p.m. in Department 501. No later than Thursday, April 18, 2024, defendant Nale is to provide a supplemental brief addressing the portions of the opposition for which he did not have timely service. To deny the Kubota defendants' motion for summary jud gment. To deny summary judgment as to Pioneer Farm Equipment Co. Explanation: Evidentiary Objections For plaintiffs' evidentiary objections numbers 1 -3, these were not dispositive to the moti...

2024.04.11 Motion for Trial Setting Preference 108
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.11

Excerpt: ...for preference and continue the hearing on plaintiff's motion for preference to Friday, April 12, 2024 at 10:00 a.m. in Dept. 501 to allow for the submission of admissible evidence. (Code Civ. Proc. §36, subd. (d).) To grant plaintiff's ex parte application to serve deposition notices fewer than 20 days after service of summons. (Code Civ. Proc. § 2025.210, subd. (b).) To deny without prejudice plaintiff's motion to use deposition testimony at ...

2024.04.10 Motion to Compel Arbitration 848
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.10

Excerpt: ...��arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) Similarly, cases applying Federal Arbitration Association rules note that, “ ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration ...

2024.04.10 Motion for Leave to File Complaint in Intervention 987
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.10

Excerpt: ...mely ap plication, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) “‘If proper procedures are followed [citation], the court has discretion to permit a nonparty to intervene in litigation pending between others, provided: [¶] The nonparty has a direct and im...

2024.04.09 Motion to Strike Punitive Damages 928
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.09

Excerpt: ...om the Complaint, defendant has not provided any legal authority or argument to support the motion to strike. Indeed, defendant only brieﬂy mentions the prayer for attorney's fees in the notice of motion, and never mentions attorney's fees in its memo of p oints and authorities at all. Therefore, the motion to strike the prayer for attorney's fees is unsupported by any legal authorities or argument, and the court intends to deny the motion. Sec...

2024.04.09 Demurrer to FAC, Motion for Judgment on the Pleadings 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.04.09

Excerpt: ...rst Amended Complaint (“FAC”) without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant JPMorgan Chase and Co. and JPMorgan Chase Bank, N.A.'s Motion for Judgment on the Pleadings on the FAC (joined by U.S. Bank N.A.) without leave to amend. (Code Civ . Proc., § 438.) To grant plaintiff's motion to substitute Bank of America, N.A. (“BANA”) for ReconTrust Company, N.A. (Code Civ. Proc., § 368.5; Corp. Code, § 1107, subd....

2024.03.28 Motion to Permit Pretrial Discovery Re Profits and Financial Condition 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.28

Excerpt: ...riefs, not to exceed seven pages, which must be ﬁled no later than April 10, 2024. Plaintiff's “renewed” motion is also continued to April 18, 2024, pending further orders once the court rules on its sua sponte motion for reconsideration. Explanation: The court conti nued the hearing on January 17, 2024, to give defendant an opportunity to address the merits of the motion and present evidence that the court would weigh against plaintiff's e...

2024.03.27 Motion to Seal Records 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.27

Excerpt: ...rds are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) “A record must not be ﬁled under seal without a court order. The court must not permit a record to be ﬁled under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Cou rt, rule 2.551(a).) “A party requesting that a record be ﬁled under seal must ﬁle a motion or an application for an order sealing the record. The motion or application...

2024.03.27 Motion to Designate Additional Experts 778
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.27

Excerpt: ...etained. [¶] (2) Amend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (Code Civ. Proc. § 2034.610, subd. (a).) The motion must be made in sufficient time in advanc e of the completion of discovery. (Code Civ. Proc., § 2034.610, subd. (b).) A meet and confer declaration is required. (Code Civ. Proc., § 2034.610, subd. (c).) The co...

2024.03.26 Motion to Compel Initial Responses, for Monetary Sanctions 868
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.26

Excerpt: ...t Two, and for Monetary Sanctions To grant plaintiff's ﬁve motions to compel defendant Southern California District Council of the Assemblies of God to serve initial veriﬁed responses to the discovery requests, without objections, unless defendant serves veriﬁed responses to the discovery prior to the hearing. To grant plaintiff's request for monetary sanctions of $1,200 against counsel for defendant. Defendant shall serve its veriﬁed res...

2024.03.26 Motion for Entry of Judgment 988
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.26

Excerpt: ...ure section 664.6, “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside 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 settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the sett...

2024.03.26 Demurrer 037
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.26

Excerpt: ... bold print . Should plaintiff elect not to amend, demurring defendant shall ﬁle responsive pleadings within twenty (20) days from the date of this order. If oral argument is timely requested, such argument will be entertained on Wednesday, March 27, 2024, at 3:30 p.m. Explanation: As explained previously, ownership of, or a right to possess, speciﬁc property is a necessary element of conversion and embezzlement. (Lee v. Hanley (2015) 61 Cal....

2024.03.20 Motion to Quash Third Party Subpoena 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.20

Excerpt: ...f a d eposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire cting compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate ...

2024.03.20 Motion to Compel Deposition, for Sanctions 127
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.20

Excerpt: ...Person Mo st Qualiﬁed and Custodian of Records, dated November 16, 2023, and produce all documents as described in Exhibit A thereto. The deposition shall occur within seven days of service of the order by the clerk. To impose sanctions in the amount of $1,410 in f avor of plaintiffs Samantha Negrete -Cruz and Tomas Cruz and against defendant General Motors, LLC. Within 30 days of service of the order by the clerk, defendant General Motors, LLC...

614 Results

Per page

Pages

1
2
3
4
5
6
7
8
9
10
...13

The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!