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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 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 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...
2024.01.04 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 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...
2024.01.03 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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