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2023.10.31 Motion to Compel Arbitration and Dismiss Certain Claims 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...letion of arbitration. If a timely request for oral argument is made, such argument will entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code section 2698 et seq. Defendants Sally Beauty Holdings, lnc„ and Beauty Systems Groups LLC (together "defendants") now seek an order com#lling p...
2023.10.31 Motion for Leave to File SAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...d no later than November 28, 2023. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiffs move the court for leave to file a second amended complaint following the death of plaintiff Parmjit Sekhon after the filing of this action. The motion is brought pursuant to Code of Civil Procedure section 473 and seeks to add Jasbir Sekhon (originally decedent's g...
2023.10.31 Motion for Judgment on the Pleadings 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.31
Excerpt: ...y be amended within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: The motion provided for in this section may only be made 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 c...
2023.10.26 Motion for Judgment on the Pleadings, for Leave to File FAC 387
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.26
Excerpt: ...e clerk of the minute order. New allegations/language must be set in boldface type. To find plaintiffs' moton for leave to amend moot. Explanation: JUDGEMENT ON THE PLEADINGS A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) The grounds for the motion must appear on the face of the chall...
2023.10.24 Motion for Judgment on the Pleadings 248
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Excerpt: ...h 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735 ["'motion for judgment on the pleadings is equivalent to a demurrerml.) The purpose of the Government Claims Act ("Claims Act") is "to give the public entity the opportunity to investigate and settle the claim without the cost of litigation[l" (Le Mere v. Los Angeles Unified School DIst. (2019) 35 Cal.App.5th 237, 247), and accordingly courts typically view the "present...
2023.10.24 Motion for Attorney Fees 290
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.24
Excerpt: ...'s fees and court costs as may be Þxed by the court.” (Health & Saf. Code, § 17980.7, subd. (c)(11).) Also, “[i]f the court Þnds that a building is in a condiŸon which substanŸally endangers the health and safety of residents pursuant to SecŸon 17980.6, upon the entry of any order or judgment, the court shall do all of the following: … Order the owner to pay all reasonable and actual costs of the enforcement agency including, but n...
2023.10.19 Demurrer 078
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.19
Excerpt: ... Explanation: Plaintiff Jeff Reich individually and doing business as The Reich Law Firm (together "Reich"), filed suit on July 19, 2021, to collect fees due for litigation services provided to Lucille Srabian and Morris Srabian in a prior lawsuit. Lucille Srabian ("Srabian") filed a Crosscomplaint against Reich. Srabian filed no opposition to the demurrer. Grounds for Demurrer to Cross-complaint Srabian's Cross-complaint has three causes of acti...
2023.10.18 Motion to Compel Further Responses, for Sanctions 708
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.18
Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...
2023.10.17 Demurrer to SAC 289
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.17
Excerpt: ...n: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2W7) 42 Cal.4th 201, the California Supreme Court ...
2023.10.11 Motion for Summary Judgment, Adjudication 006
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.11
Excerpt: ...tiff cannot prevail on her first cause of action for harassment based on her disability because she was not subjected to any severe or pervasive conduct that would qualify as harassment during her employment with Saint Agnes. "In construing California's FEHA, this court has held that the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe. This limitation mirrors the federal cou...
2023.10.11 Demurrers to SAC 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.11
Excerpt: ...counsel shall call the court to take the demurrer as to defendant Person off calendar. If it does not resolve the issues, counsel for defendant Person shall file a declaration on or before November 1, 2023, stating, in detail, the efforts made. Defendant Fresno Unified School District's demurrer is continued in order to have the motions heard the same date. Explanation: Ctxle of Civil Procedure section 430.41, subdivision (a), makes it clear that...
2023.10.10 Motion to Establish Admissions, for Sanctions 067
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.10
Excerpt: ... matters specified in the Requests for Admission, Set Two, are to be deemed admitted unless each defendant serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Prcyc., S 2033.280, subd. To grant monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $940.00 as to each defendant. Mone...
2023.10.10 Motion to Stay 798
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.10
Excerpt: ...efendant California Department of Transportation ("Defendant") seeks to stay the present matter in favor of allow-ng a parallel proceeding between it and plaintiff Maisa Kurdi ("Plaintiff") to proceed. An application for a stay is addressed to the sound discretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) In exercising its discretion, the court should consider the importance of, among other things, avoiding ...
2023.10.10 Motion to Strike 378
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.10
Excerpt: ...If a timely request for oral argument is made, such argument will be entertained on Wednesday, October 11, 2023, at 3:30 p.m. Explanation: Meet and Confer Plaintiffs assert that defendants failed to comply with Code of Civil Procedure section 435.5. Specifically, plaintiffs argue that defendants failed to meet and confer with plaintiffs regarding the issues raised by the motion to strike, though defendants still had ample time to meet and confer ...
2023.10.06 Demurrer to FAC 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.10.06
Excerpt: ...f the minute order. Explanation: The function of a demurrer is to test the suffciency 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.A...
2023.09.28 Motion to Compel Further Responses, for Monetary Sanctions 687
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...
2023.09.28 Demurrer to FAC 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ...tion of Los Angeles Superior Court Case Number 20STCV33816. If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: A defendant may make a plea in abatement pursuant to Code of Civil Procedure section 430.10, subdivision (c). This section provides for a demurrer based on "another action pending between the same parties on the same cause of action." (Code Civ. Proc.,...
2023.09.28 Demurrer 687
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.28
Excerpt: ...rrer that "[tlhe complaint is just stating allegations without one proof, no evidence was given that supports those allegations whatsoever." (See Demurrer at p. 2:4.) However, in deciding a demurrer, "the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) In other words, the court does not concern itself with the issue of plaintiff's...
2023.09.27 Petition to Compel Compliance with Subpoenas 057
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ...dards Enforcement (DLSE), which seek certain documents and the names of witnesses against it in the administrative proceeding the DLSE has brought against it for failure to list Covid-19 supplemental leave on its employees' wage statements. Petitioner contends that it needs this information in order to prepare its defense and to avoid unfair surprise at the informal administrative hearing on fts appeal of the citations. Petitioner cites to arovel...
2023.09.27 Demurrer, Motion to Strike 778
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ... to amend. Explanation: Demurrer: "The purpose of the [Elder Abuse Act was) essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33; see also Covenant Care, Inc. v. Superior Court (2CN) 32 Cal.4th 771, 787.) "In order to obtain the remedies available in section 15657, a plaintiff must demonstrate by clear and convinci...
2023.09.27 Demurrer to SAC 805
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.27
Excerpt: ...service of the order by the clerk. Explanation: Second Cause of Action A class-of-one plaintiff, such as is the case here, must allege "that (1) the plaintiff was treated differently from other similarly situated persons, (2) the difference in treatment was intentional, and (3) there was no rational basis for the difference in treatment." (Las Lomas Land Co., LLC v. City of Los Angeles (20439) 177 Cal.App.4th 837, 858.) The City of Fresno ("City"...
2023.09.21 Motion to Dismiss Class Action Allegations 833
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...counsel failed to file the motion for class certification by the court-ordered deadline. Defendant also claims that plaintiff has refused to comply with discovery requests, which has forced defendant to file requests for pretrial discovery conferences and motions to compel. Defendant claims to have been prejudiced by plaintiffs' obstruction of discovery and failure to bring a moton to certify the class in a timely manner. In addition, defendant c...
2023.09.21 Motion for Protective Order, to Quash 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...iff's request for sanctions. Explanation: This is an action arising out of the alleged sexual abuse of a student, J.L„ by a teacher, David Blancas, at Monson-Sultana Joint Union Elementary School ("MonsonSultana"). Plaintiff alleges that he suffered sexual abuse between the ages of 10 and 13, from 6th to 8th grade. In February 2015 Monson-Sultana filed a motion for summary judgment on the ground that this action is time barred. In response, on ...
2023.09.21 Motion for Preliminary Class Settlement Approval of Class Action and PAGA Settlement 138
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ... ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can ...
2023.09.21 Demurrer, Motion to Strike 178
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.09.21
Excerpt: ...type. Explanation: Late Filed Reply Defendant filed its reply pa#rs on September 19, 2023, two days before the hearing on these motions. Reply papers must be filed at least five court days before the hearing. Civ. Proc., S The court has discretion to refuse to consider such late filed papers in ruling on the motion. (Cal. Rules of Court, rule 3.13W(d).) The court will not consider the late filed reply. Demurrer The function of a demurrer is to te...

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