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2024.02.29 Motion for Summary Adjudication 390
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.29

Excerpt: ...n for summary adjudication is continued to May 2, 2024, at 3:30 p.m. in Department 403. Defendant shall ﬁle and serve its motion for relief from the order deeming it to have admitted the matters in the requests for admission by March 14, 2024. The motion shall be calendared on April 11, 2024. Opposition and reply briefs will be ﬁled and served per code. If oral argument is timely requested, such argument will be entertained in Department 501 ...

2024.02.29 Motion for Preliminary Approval of Class Action and Representative Action Settlement 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.29

Excerpt: ...f 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 includ e 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, Rul...

2024.02.29 Motion for Attorney Fees, to Strike Costs 440
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.29

Excerpt: ...rmony Communities' motion for its attorney's fees, in the amount of $38,002.50. To grant plaintiffs' motion to strike La Hacienda's Memorandum of Costs, item 10, in the amount of $3,512. To deny plaintiffs' motion to strike the remainder of La Hacienda's Memorandum of Costs. To deny plaintiffs' motion to strike Harmony's Memorandum of Costs, in its entirety. If oral argument is timely requested, such argument will be entertained in Department 501...

2024.02.28 Demurrer, Motion to Strike 178
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.28

Excerpt: ...Explanation: Demurrer 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; 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,...

2024.02.27 Motion for Summary Judgment, Adjudication 730
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.27

Excerpt: ...ment order. If oral argument is timely requested, such argument will be entertained in Department 501 at 3:30 p.m. on February 27, 2024. Explanation: The Material Undisputed Facts The plaintiffs in this action, Stephanie Norgard and Edward Priest, are the parents of Varonica Priest ("Decedent"). On January 31, 2021, Decedent presented to the hospital emergency department for respiratory dyspnea. She was 35 years old with a history of mito...

2024.02.27 Motion for Summary Judgment 930
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.27

Excerpt: ... others, for failure to properly maintain the lock on the door through which Mr. Roy gained entry to the building. Cosco now moves for summary judgment, relying solely on the ﬁreﬁghter's rule. Cosco contends that the ﬁreﬁghter's rule applies because Mr. D iaz was working as a law enforcement officer in his office at the time of the attack, “and the injuries arose from an activity that was anticipated or expected in the line of duty.” ...

2024.02.27 Motion for Summary Adjudication 368
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.27

Excerpt: ...timely. Additionally, a meet and confer declaration is not ﬁled in support of the motion. Plaintiff's request to set a hearing on an order to show cause regarding contempt against LP's counsel, Jeremy Freedman, for ﬁling untimely documents, is denied. Explanation: Evidentiary Objections and Requests for Judicial Notice The court overrules each of defendant Latchkey Pioneers, LLC's (“LP”) objections, as LP failed to comply with California ...

2024.02.22 Motion to Set Aside Default Judgment 247
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.22

Excerpt: ...s the date documents were mailed and where they were mailed from, but the section where the documents served should be listed reads “Post office on Alluvial, Fresno CA” and does not state what was served. Assuming that defendant can provide a sa tisfactory proof of service, defendant also has not met the requirements necessary to set aside a default judgment. Code of Civil Procedure section 473, subdivision (b), provides for relief from a jud...

2024.02.21 Motion for Terminating Sanctions 370
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.21

Excerpt: ...r co unsel of record, Brian N. Folland, jointly and severally, payable no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. If oral argument is timely requested, such argument will be entertain ed at 9:00 a.m. on Friday, February 23, 2024. Explanation: Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse...

2024.02.21 Motion for Prejudgment Interest 728
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.21

Excerpt: ...section 3287, subdivisions (a) and (b). Under section 3287, subdivision (a), “[a] person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day...” (Civil Code, § 3287, subd. (a).) “‘The purpose of prejudgment interest is to compensate plaintiff for loss of use of h...

2024.02.15 Motion for Judgment on the Pleadings, for Attorney Fees 175
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.15

Excerpt: ... run from the service of this minute order by the clerk. Defendant is granted 10 days' leave to amend to ﬁle an amended answer to plead facts sufficient to constitute the affirmative defenses he has already raised. To the extent defendant seeks to amend to include new defenses that were not previously raised, defendant must ﬁle his own noticed motion for leave to amend. The time to ﬁle the amended answer will run from the service by the cle...

2024.02.08 Motion for Summary Judgment, Adjudication 078
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.08

Excerpt: ...ent consistent with the court's summary judgment order. Explanation: The Material Undisputed Facts Plainti¯s are Robert Solorio, Ana Solorio, Cirenia Lozono and Ian Solorio, a minor, through his guardian ad litem (collectively "Plainti¯s"). This case arises from a tragic collision (the "Collision") between a train and Plainti¯s' passenger vehicle (the "Vehicle"), which resulted in "catastrophic and, ultimately, fatal injuries” to Decedent...

2024.02.07 Demurrer to FAC 037
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.07

Excerpt: ...in which the amended pleading must be Þled will run from service of the order by the clerk. Explanation: In this action, FTA seeks declaratory and injunctive relief to the e¯ect that under the Bylaws of Joint Health Management Board (“JHMB”) an annual election must be held among the Union Directors for the Union-designated Chairperson/Co-Chairperson and their alternates using the weighted voting procedure described in the JHMB Bylaws. The ...

2024.02.06 Demurrer to SAC 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.06

Excerpt: ...�Defendant”) demurs to the Second Amended Complaint (“SAC”) on the grounds that the second cause of action, for breach arising from a special relationship that it fails to state su¯icient facts to state a cause of action against Defendant, and that it is uncertain. On a demurrer a court's function is limited to testing the legal su¯iciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of ...

2024.02.06 Demurrer to FAC 387
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.06

Excerpt: ...ll run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: The function of a demurrer is to test the su¯iciency of a plainti¯'s pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plainti¯ has succeeded in stating a cause of action; the court does not concern itself with the issue of plainti¯'s p o ss i b l e d i¯iculty...

2024.02.01 Motion for Summary Judgment, Adjudication 057
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.01

Excerpt: ...t Gerald Johnson, Sr. (“decedent”) by o¯icers of the Fresno Police Department. Defendants identiÞed Þve issues in their Notice of Motion as the basis for their motion, as follows: 1. Defendants are entitled to judgment on plainti¯s' Þrst cause of action for battery because defendants Padilla, Bell, and Palomino's use of force (deadly Þrearm force) was objectively reasonable as a matter of law under the totality of the circumstances. 2...

2024.02.01 Motion for Summary Judgment 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.01

Excerpt: ... that plainti¯ failed to allege the existence of a duty. The basis of plainti¯'s negligence cause of action, as she alleges in the SAC, is as follows: On December 3, 2018, an intoxicated driver (Baeza), insured by FSIC, caused an accident by hitting a third-party (Garza). Garza called FSIC to verify Baeza's insurance and asked if she should call the police. The FSIC representative told Garza she did not need to call the police and that they (...

2024.02.01 Motion for Preliminary Injunction 987
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.02.01

Excerpt: ...efendants from forcing park residents who resided at the park prior to October 10, 2022, to re-apply for tenancy, and closing the park until the City approves the closure and relocation plan under Government Code section 65863.7. To waive the requirement that plainti¯s post an undertaking to obtain the injunction. Explanation: “This court has traditionally held that trial courts should evaluate two interrelated factors when deciding whether o...

2024.01.31 Motion to Deem RFAs Admitted, to Compel Responses 338
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.31

Excerpt: ..., Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Tentative Ruling: To grant all motions as to plainti¯ Barandalla. Within 20 days of service of the order by the clerk, plainti¯ Barandalla shall serve objection-free responses to the items speciÞed in the document Þled by defendant...

2024.01.31 Motion to Compel Initial Responses, to Deem RFAs Admitted 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.31

Excerpt: ...onses, without objections, to the Þrst set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant R&S in the amount of $890. To deny the request for sanctions against defendant's attorney. Defendant shall pay sanctions within 30 days of the date of service of this ...

2024.01.31 Demurrer, Motion to Strike 670
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.31

Excerpt: ...damages, with leave to amend. Plainti¯s may Þle and serve a Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC (“Defendant”) demurs to the fourth cause of action for fraudulent concealment set forth in the First Amended Complaint (“FAC”). On a demurrer a court's function is limited to testing the legal su¯ici...

2024.01.30 Motion to Strike Complaint 987
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.30

Excerpt: ...rt also intends to grant the motion to strike plainti¯s' sixth cause of action, paragraph 205, lines 21 thru 24, which alleges that “Defendants further interfered with Plainti¯'s m e m b e r s ' contracts by unlawfully and non-consensually terminating the tenancies of all Plainti¯'s members, including Kim Sands, by serving them with a ‘Five Day Notice to Vacate' on or around April 12, 2023, and by Þling unlawful detainers against sever...

2024.01.25 Motion for Summary Judgment, Adjudication 179
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.25

Excerpt: .... Davis as Trustee of the Brent A. Davis 2012 Revocable Trust, Davis & Davis Distributors, Davis Equipment, Inc., Davis & Davis Distributors No. 2, Inc. and VRAD Products, Inc.'s motion for summary judgment of the Third Amended Complaint against them. Defendants shall submit a Judgment consistent with the terms of this ruling within 10 days of service of the order. Explanation: Summary judgment is properly granted when no triable issue exists as ...

2024.01.25 Motion for Preliminary Approval of Class Action and Representative Action Settlement 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.25

Excerpt: ...preliminary settlement class. (Cal. Rules of Court, rule 3.769(d).) "If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notce to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, rule 3.769(e).) "If the court has certified the action as a class action, notce of the final approval hearing must...

2024.01.25 Demurrer 328
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.25

Excerpt: ... leave to file a Petition for Relief to File Late Claim pursuant to Government Code section 946.6. The Petition shall be filed in Fresno Superior Court Case Number 23CECG02328. Explanation: 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; the court does not concern ...

2024.01.24 Motion to Compel Initial Responses, to Deem RFAs Admitted, for Monetary Sanctions 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.24

Excerpt: ...nses, without objections, to the first set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant Stine in the amount of $890. To deny the request for sanctions against defendant's attorney. Explanation: Plaintiffs have shown that they are entitled to orders compell...

2024.01.24 Motion to Compel Deposition 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.24

Excerpt: ... pursuant to the rules and exceptions for psychotherapist-patent communications. (Evid. Code, S 1010 et seq.) Evidence Code section 1012 protects communications between a psychotherapist and a patient, including communications during the scope of treatment and diagnoses made by the therapist. A psychotherapist shall claim the privilege whenever disclosure of such communications is sought. (Evid. Code, S 1015.) The holder of such privilege is the ...

2024.01.23 Motion for Terminating Sanctions 648
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.23

Excerpt: ... proposed judgment dismissing the achon. The trial date set for August 19, 2024, is vacated, as are the related dates for Mandatory Settlement Conference and Trial Readiness. If a timely request for oral argument is made, such argument will be entertained on Wednesday, January 24, 2024, at 3:30 p.m. Explanation: Once a moton to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more...

2024.01.18 Motion for Summary Judgment 098
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.18

Excerpt: ...proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc„ S 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists — and this must be shown via specific facts and not mere allegations. (ld.) "California cou...

2024.01.18 Motion for Reconsideration of Order of Stay 798
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.18

Excerpt: ...court issued an order granting Defendant's motion and stayed all proceedings pending final disposition of the United States District Court, Eastern District of California, Case No. 1:22-cv-00729. Plaintiff now seeks reconsideration of that order of stay. Motions for reconsideration fall under the purview of Code of Civil Procedure section 1008, which states in pertinent part: When an application for an order has been made to a judge, or to a cour...

2024.01.18 Demurrer 627
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.18

Excerpt: ...ich notably contains a single titled cause of action for common count — money had and received) fails to state suffcient facts to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10 and is otherwise uncertain, based upon subdivision (f) of Code of Civil Procedure section 431.10. Defense counsel met and conferred with plaintiff in Spanish by telephone before filing the demurrer, per the declaration ...

2024.01.17 Motion for Pretrial Discovery Re Profits and Financial Condition 888
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.17

Excerpt: ...ng with his evidence. The evidence and new memorandum must be filed on or before 5:00 p.m. on February 20, 2024. Plaintiff may file a new reply on or before 5:00 p.m. on Thursday, February 29, 2024. Explanation: Defendant opposes the moton by arguing that plaintiff has failed to meet the requirements to allow her to bring a renewed motion under Code of Civil Procedure section 1008, subdivision (b). However, the court does not actually regard this...

2024.01.11 Motion to Compel IME 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.11

Excerpt: ...take one full eight-hour day. Explanation: Any party may obtain discovery by means of a physical or mental examination of a party to the action, in any action "in which the mental or physical condition of that party is in controversy in the action. ' (Code Civ. Proc., S 2032.020, subd. (a)(l).) If a party desires to obtain discovery by a physical or mental examination, that party shall obtain leave of court. (Code Civ. Proc., S 2032.310, subd. Th...

2024.01.11 Motion to Compel Arbitration and for Stay 048
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.11

Excerpt: ...v. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to co...

2024.01.11 Demurrers to SAC 271
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.11

Excerpt: ...o constitute a cause of action, with leave to amend. To overrule the City's demurrer to the first and third causes of action. To sustain the City's demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. Plaintiff is permitted to file and serve a Third Amended Complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanat...

2024.01.10 Motion to Compel Initial Responses, for Sanctions 997
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.10

Excerpt: ...rant each moton to compel initial responses. Within ten (10) days of service of the order by the clerk, plaintiff Kent Lane shall serve verified responses, without objections, to Form Interrogatories, Set One. To impose monetary sanctions in the total amount of $820.00 against plaintiff Kent Lane, in favor of defendants Abel Cintora and Abel's Towing & Roadside Service, Inc. Within thirty (30) days of service of the order by the clerk, plaintiff ...

2024.01.10 Motion for Summary Adjudication 175
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.10

Excerpt: ... Plaintiffs move, pursuant to Code of Civil Procedure, section 437c, subdivision (f)(l), for summary adjudication against all three of defendant's affirmative defenses raised in his answer: (1) self-defense, (2) defense of property, and (3) necessity. Plaintiffs contend that defendant cannot establish any of these affirmative defenses. However, the evidence plaintiffs submit in support of its motion, with the exception of the decedent's cause of ...

2024.01.09 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.09

Excerpt: ...ice of the order. If a timely request for oral argument is made, such argument will be entertained on Thursday, January 11, 2024, at 3:30 p.m. 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., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of act...

2024.01.04 Motion for Summary Judgment, Adjudication 080
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04

Excerpt: ...he moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S437c, subd. (c).) In determining a motion for summary judgment, the court views the evidence "in the light most favorable to the plaintiff", liberally construing plaintiff's evidence and strictly scrutinizing the defendant's evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 254.) The court does not weigh evidence or inferences (Aguilar v. Atlantic R...

2024.01.04 Motion to Withdraw RFAs Deemed Admitted 175
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04

Excerpt: ...(b); Code Civ. Proc., S 437c, subd. (h).) Explanation: Withdraw Admissions The court may permit a party to withdraw or amend an admission made in response to requests for admission only if the court finds: 1) the admission resulted from "mistake, inadvertence or excusable neglect;" and 2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (Code Civ. Proc., S 2033.300, subd. (b).) T...

2024.01.04 Motion to Compel Responses, to Deem RFAs Admitted 617
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04

Excerpt: ... set one. (Code Civ. Proc. SS 2030.290, subd. (b), and 2031.300, subd. Plaintiff is ordered to serve complete verified responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To deem defendant's request for admissions, set one, admitted by plaintiff Sukhwinder Singh. (Code Civ. Proc. 52033.280, subd. (b).) To require defendant to pay $120 for moton fees to the clerk (in addition to...

2024.01.04 Motion to Quash Service of Summons 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.04

Excerpt: ...nterprises, Inc. ("Plaintiff"). Big Valley challenges the proof of service, which indicates service on a Jane Doe, arguing that Jane Doe is not one of the statutory persons upon whom service on a corporation may be effected. Where the party to be served is a corporation, summons may be served on, among others, the corporation's: agent for service of process; or president, chief executive officer, or other head of the corporation, a vice president...

2024.01.03 Motions to Deem RFAs Admitted, to Compel Responses 338
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.03

Excerpt: ...d; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Motions by Manco, Strauss, and Leeds as to Discovery propounded by each of them on Plaintiff Balwinder Kaur ("Kaur"): 1) to Deem the Matters Specified in Request for Admissions, Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3...

2024.01.03 Motion for Approval of PAGA Settlement 227
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.01.03

Excerpt: ...gment in an achon brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab. Code, secton 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA repre...

2023.12.21 Motion to Consolidate Actions 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.21

Excerpt: ... Osborn and Carolyn Michalle Barnes, individually and as Trustee of the Homer R. Osborn Living Trust, UTD December 4, 2008, seek an order consolidating the unlawful detainer acton (case number 23CECL08578) with the civil action (case number 22CECG03938) since otherwise the unlawful detainer acton would proceed to trial before plaintiffs' claim to own title to the property could be decided, and could result in the forfeiture of plaintiffs' own pro...

2023.12.21 Motion for Attorney Fees 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.21

Excerpt: ...ter. Defendants The Dominion Courtyard Villas, Scott Ellis Enterprises LLC, Scott Ellis Enterprises LP, Barcelona Apartments, Casa Del Rio Apartments, Dartmouth Tower Apartments, Oxford Park Apartments, Reef Apartments, Scottsmen Apartments, Scottsmen Too Apartments, and Villa Faria Apartments (collectively "Defendants") object to the hourly rates sought, and some of the basis of the lodestar sought. Lodestar A court assessing attorney fees begin...

2023.12.20 Motion for Terminating and Monetary Sanctions 098
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20

Excerpt: ... 2023.030, subd. (d)(3).) To impose monetary sanctions in the amount of $2,030 against defendant Sandra Romero. Defendant Sandra Romero shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. Explanation: Code of Civil Procedure 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 or...

2023.12.20 Motion for Summary Judgment on Pleadings of FACC 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20

Excerpt: ...court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Initially the court notes that while the opposition is submitted on behalf of both plaintiff Bee Sweet and defendant/cross-complainant Style-Line, in light of the settlement and contingent assignment of Style-Line's cross-claims to plaintiff, in this tentatve ruling the court will refer to the opposing parties ...

2023.12.20 Motion for Relief to File Late Claim 198
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20

Excerpt: ..., 72.) Government Code section 911.2, subdivision (a) provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1775.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity to investigate while evidence i...

2023.12.20 Motion for Approval of Good Faith Settlement 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.12.20

Excerpt: ...t 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 Secton 1005." (Code Civ. Proc. S 877.6, subd. "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against...

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