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2024.05.22 Motion for Summary Judgment 895
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.22

Excerpt: ...mmary judgment is granted when there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.'” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail in a motion for summary ju dgment, it is defendant's burden to prove there is a complete defense or that plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina...

2024.05.16 Motion for Leave to File Amended Complaint 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16

Excerpt: ...November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (“Plaintiff”) ﬁled the operative Third Amended Complaint (“TAC”). The TAC states three causes of action: (1) preliminary and permanent injunctive relief; (2) petition for writ of mandamus as to defendants California Department of Human Resources and Eraina Ortega (collectively “Defendants”); and (3) petition for writ ...

2024.05.16 Motion to Compel Responses, for Terminating Sanctions 267
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16

Excerpt: ...off cale ndar due to the automatic bankruptcy stay against indispensable party, Joshua O'Bannon. Explanation: A Notice of Stay Proceedings due to ﬁling of bankruptcy was ﬁled as to defendant Joshua O'Bannon. The case is stayed as to the bankrupting defendant. ( 11 U.S.C. § 362; Wekell v. U.S. (9th Cir. 1994) 14 F.3d 32, 33.) Here, the Motion to Compel Initial Responses to Request for Production of Documents, Set Two, made against defendant O...

2024.05.16 Motion for Reconsideration 160
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16

Excerpt: ... bring a motion to reconsider, and a different order may be entered, if, subject to the following conditions, the motion is: 1. brought before the same judge that made the order; 2. made within 10 days after service upon the party of notice of the entry of the o rder; 3. based on new or different facts, circumstances, or law; and 4. made and decided before entry of judgment. “[F]acts of which the party seeking reconsideration was aware at the t...

2024.05.15 Motion to Quash Subpoenas for Medical Records 950
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15

Excerpt: ...unity Regional Medical Center (Radiology) 4. Community Regional Medical Center (Billing) 5. Central California Faculty Medical Group 6. Accident Recovery Center (Medical/Radiology) 7. Accident Recovery Center (Billing) 8. Central California ENT Medical Group 9. Precise Imaging 10. Jonathan D. Caldwell, M.D. 11. Ali Najaﬁ, M.D. 12. Ali Najaﬁ, M.D. (Billing) 13. 3H Medical Group, Inc. 14. California Heart Medical Associates To award monetary sa...

2024.05.15 Motion for Summary Judgment of FAA, Adjudication 225
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15

Excerpt: ...tively "Plaintiffs") seek summary judgment or, in the alternative, summary adjudication of the twenty-three affirmative defenses of the February 21 , 2023 Amended Answerl by defendants Joginder Singh, M.D., and Mandeep Singh, M.D.(collectively"Defendants").2 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. S437c, subd. (c...

2024.05.15 Demurrer 985
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15

Excerpt: ...on; and to sustain general demurrers to the sixth, seventh, eleventh, thirteenth causes of action, without leave to amend. Matthew Graney shall ﬁle his answer to the SAC within 10 days of service of the order by the clerk. Explanation: Special Demurrers As to cause s of action 1-3, 6, and 8 -14, Graney argues that the SAC is uncertain in that it fails to identify the parties affected thereby. Graney cites to Williams v. Beechnut Nutrition Corp....

2024.05.14 Motion for Summary Judgment, Adjudication 250
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ...or disclosu res regarding a real estate transaction and that she failed to properly disclose information about the property. (First Amended CrossComplaint, ¶¶ 10 -13.) It is undisputed that Casa Robles Realty, and its agent Luis Altamirano, represented plaintiff Ben ito Cano -Perez in a real estate transaction involving the subject property. (UMF No. 1.) CVI Group, LLC was the seller of the subject property and was represented by All State Home...

2024.05.14 Motion for Preliminary Injunction 076
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ... Orchards , Inc. (“Defendant”). The veriﬁed Complaint states four causes of action: (1) breach of contract; (2) foreclose on producer's lien; (3) recovery of statutory late charges; and (4) constructive trust. Plaintiffs seek to enjoin Defendant from: (1) selling o r removing from this state or beyond Defendant's control, any 2021 crop almonds or processed product therefrom that were delivered to Defendant by Plaintiffs, unless the proceeds...

2024.05.14 Motion for Judgment on the Pleadings 769
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ...ion Here, defendants have defects in their veriﬁcations. Code of Civil Procedure section 2015.5 governs veriﬁcations. A veriﬁcation requires a recitation that 1) it is certiﬁed or declared by the person 2) to be true under penalty of perjury, 3) is subs cribed by the person, and 4) if executed in California, states the date and place of execution or 5) if executed at any place, within or without this state, states the date of execution an...

2024.05.14 Demurrer, Motion to Strike Complaint 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ...endar. If it does not resolve the issues, counsel for cross -defendant shall ﬁle a declaration, on or before June 18, 2024, stating the efforts made. If no declaration is ﬁled, the motion will be taken off calendar. Explanation: Under Code of Civil Procedure secti on 430.41, “[b]efore ﬁling a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who ﬁled the pleading that i...

2024.05.09 Motion to Compel Arbitration and Stay Proceedings 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.09

Excerpt: ...prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413 -414; Hotels Nevada v. L.A. Paciﬁc Ctr., Inc. (2006) 144 Cal .App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, ...

2024.05.09 Motion to Strike 959
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.09

Excerpt: ...ricken. Plaintiffs are granted 20 days' leave to ﬁle the ﬁrst amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations in the ﬁrst amended complaint are to be set in boldface type. Explanation: A motion to strike can be used to cut out any irrelevant, false or improper matters or a demand for judgment requesting relief not supported by the allegations of th...

2024.05.09 Motions to File Late Memorandum of Costs, to Strike or Tax Costs 229
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.09

Excerpt: ...grant p laintiff's alternative motion to tax costs in the amount of $19,450. (Ladas v. Calif. State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Explanation: Untimely Filing “A prevailing party who claims costs must serve and ﬁle a memorandum of costs within 15 d ays after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of ent...

2024.05.08 Demurrer 225
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.08

Excerpt: ... powe r of attorney may bring an action on behalf of his principal only as guardian ad litem. (In re Marriage of Caballero (1994) 27 Cal.App.4th 1139, 1152.) Here, it is apparent that the real party in interest is Carolina Cruz and that Antonio Cruz would be a n appropriate guardian ad litem for Carolina Cruz. The court grants leave to amend the complaint to name the real party in interest as the plaintiff and to address the issue of a guardian a...

2024.05.08 Motion to Quash Subpoena 125
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.08

Excerpt: ...es she su ffered “severe and permanent injury to the body and nervous system” … (Complaint ¶ 20.) In her discovery responses, plaintiff states that she suffered a tear in her right knee's lateral meniscus, as well as injuries to her back, left arm, bilateral shoulde rs, neck, hip, head, and upper back. (Response to Defendant Form Interrogatories, Set One (“Form Rog”), No. 6.2.) Plaintiff also states that she continues to suffer con...

2024.05.07 Motion for Change of Venue, Demurrer, Motion to Strike 746
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.07

Excerpt: ...ction within 30 days after service of notice of the transfer order. The demurrers and motion to strike are taken off calendar, but are subject to be recalendared in the proper court upon the transfer of the action. Explanation: County of Tulare moves to change t he venue of this action on the ground that County of Fresno is an improper venue and County of Tulare is the only proper venue. “It is a long established rule that a motion for change o...

2024.05.07 Demurrer to FAC, Motion to Strike, to Quash Subpoenas 756
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.07

Excerpt: ...nt the motion to strike. (Code Civ. Proc., § 436.) To deny plaintiff's motion to quash. To deny imposition of sanctions. Explanation: Demurrer and Motion to Strike “Ordinarily, negligence may be pleaded in general terms and the plaintiff need not specify the precise act or omission alleged to constitute the breach of duty.” (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Nevertheless, claims falling under the Tort Cla...

2024.05.02 Demurrer, Motion to Strike 206
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.02

Excerpt: ... deny in par t. (Code Civ. Proc., § 436.) The request to strike the allegations pertaining to defendant Samuel Lofty Confectioner's acts done in the course and scope of his employment with defendant Fresno Uniﬁed School District (“FUSD”) is granted. The request to st rike the allegations pertaining to FUSD's duty to investigate is granted. The request to strike the prayer for attorney's fees pursuant to Civil Code 52 and 52.4 is granted. T...

2024.05.01 Motion for Attorney Fees 765
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.01

Excerpt: ...gh evidence regarding the hours spent on the case and the tasks performed to ﬁnd that the requested fees are reasonable and should be approved. She has also not provided enough evidence to support the request to approve her law clerk's rate of $225 per hour . In Serrano v. Priest (1977) 20 Cal.3d 25, the California Supreme Court stated: “ ‘The starting point of every fee award, once it is recognized that the court's role in equity is to...

2024.04.30 Demurrer, Motion to Strike Punitive Damages from FAC 505
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.30

Excerpt: ...laintiff Zahi Saleh shall serve and file an amended complaint within 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 fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by plaintiff Zahi Saleh ("Plaintiff"). On a demurrer a court's function is limited to testing the legal sufficiency of the c...

2024.04.25 Motion for Terminating Sanctions 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25

Excerpt: ...Emeline Pano will be dismissed as a defendant in plaintiff's Complaint. (Code Civ. Proc., § 2023.030, subd. (d)(3).) Explanation: Plaintiff has a history of failing to comply with discovery obligations in this action, and appears to have abandoned this action. On August 10, 2023, and October 10, 2023, defendant Emeline Pano served plaintiff with deposition notices. Plaintiff never objected, but failed to appear on both occasions. On August 30, 2...

2024.04.25 Motion for Summary Judgment 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25

Excerpt: ...tiff Kimberly White are ordered to appear at the hearing on this motion. Explanation: Healthcare providers must possess and exercise “that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under si milar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to ...

2024.04.25 Demurrer to FAC 466
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25

Excerpt: ...e order. Explanation: A general demurrer is sustained where the pleading is insufficient to state a cause of action or is incomplete. (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535.) A special demurrer, though disfavored, is nevertheless sustained where a pleading is so uncertain that the defendant cannot reasonably respond to the subject pleading. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612...

2024.04.25 Demurrer 611
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.25

Excerpt: ...aint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the special demurrer for uncertainty. (Code Civ. Proc. § 430.10, subd. (f).) Explanation: A party may ﬁle a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535...

2024.04.24 Motion for Attorney Fees, to Tax Costs 636
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24

Excerpt: ...tion: Fee A ward Plaintiff Ricardo Regalado Ceja (“Plaintiff”) seeks an award of attorney fees. Under what statutory authority Plaintiff seeks an award of fees is unclear. The moving papers appear to suggest that the parties stipulated to seek an award of fees and cos ts under a settlement agreement not in evidence on the present motion. Instead, counsel for Plaintiff submits into evidence 15 irrelevant orders from other cases in other jurisd...

2024.04.24 Motion to Dismiss 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24

Excerpt: ...planation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2 004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court proceedings. (CLD Construction, Inc. v. City of San Ramon, supra, 120 Cal.A...

2024.04.24 Motion to Bifurcate Trial 745
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24

Excerpt: ...ice, Lazy Dog Restaurants, LLC's motion to bifurcate the contractual interpretation causes of action within the cross -complaints ﬁled by Element Security Solutions, Inc. and Manco Abbott, Inc. from the issues of liability and damages. Explanation: Under Code of Civ il Procedure section 598, court is given great discretion in regard to the order of issues at trial: The court may, when the convenience of witnesses, the ends of justice, or the ec...

2024.04.24 Motion to Compel Further Responses 995
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.24

Excerpt: ...984) 158 Cal.Ap p.3d 524, 526), the expiration of the time period is considered “‘jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 (S exton) [referring to the 45- day statutory time limit]; see also Vidal Sassoon Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 684 (Sassoon); Standon Co. v. Superior Cour...

2024.04.23 Motion to Compel Statement of Damages, for Monetary Sanctions 365
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23

Excerpt: ...425.10, subd. (b).) But the defendant may, at any time, serve a request on plaintiff for a Statement of Damages (mandatory Jud. Counc. Form CIV -050) setting forth the nature and amount of damages being sought. (Code Civ. Proc., § 425.11, subd. (b).) Once such a d emand is served, plaintiff has 15 days to serve the responsive statement. If that response is not served, defendant may ﬁle a noticed motion and petition the court to order plaintiff...

2024.04.23 Motion for Summary Judgment 825
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23

Excerpt: ... FAC alleges two ca uses of action, for premises liability, and general negligence, based on Plaintiff's use of a recreational area on October 30, 2018, in the prison, wherein Plaintiff alleges having stepped into a gopher hole causing injury. 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. Citigro...

2024.04.23 Demurrer, Motion to Strike 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23

Excerpt: ...sire to a mend, the First Amended Complaint shall be ﬁled within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to ﬁle an amended pleading within that time period, demurring defendants shall ﬁle responsive pleadings within twenty (20) days from the date of this order. Explanation: In deciding a demurrer, the court is guided by well -established principles that the test is whe...

2024.04.23 Demurrer, Motion to Strike 606
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.04.23

Excerpt: ...-24; page 1 9, lines 6-11; and page 19, line 27, with leave to amend. (Code Civ. Proc., § 436; Civ. Code, § 3294.) Plaintiff is granted 20 days' leave to ﬁle the third amended complaint. The time to ﬁle the third amended complaint will run from service by the clerk of the minute order. All new allegations in the third amended complaint are to be set in boldface type. Explanation: Demurrer Retaliation/Discrimination Defendants, India Oven, I...

2024.03.28 Motion to Dismiss 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28

Excerpt: ...e Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (Code Civ. Proc., § 583.360, sub d. (a).) “The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.” (Code Civ. Proc., § 58...

2024.03.28 Motion for Terminating Sanctions 259
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28

Excerpt: ...anati on: 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 order to provide discovery.” (Code Civ. Proc., § 2023.010, su bds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any o...

2024.03.28 Motion for Attorney Fees 936
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28

Excerpt: ...0 et seq. , may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code §12965, subd. (c)(6).) Plaintiff prevailed at trial and moves for an award of attorney's fees and costs. In her motion for attorney's fees, plaintiff requests an award of fees in the amount of $130,672.50, reﬂecting a 1.5 multiplier applied to the lodestar of $87,115.00, and litigation costs in the amount of $2,723.61. Defendant does not oppo...

2024.03.28 Motion for Approval of Class Action Settlement 115
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.28

Excerpt: ...of the proposed settlement. 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, 93- 95.) “Class certiﬁcation requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well - deﬁned community of interest, and (3) that certi...

2024.03.27 Application for Default Judgment 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.27

Excerpt: ... a right of ﬁrst refusal to buy the remaining properties owned by the Virginia Shubin Barnett Living Trust for $12,500. (Exhibit D to Mireles decl., p. 2, ¶¶ 5.1, 6.) Plaintiff was to pay off the delinquent taxes on the properties, including $97,842.04 payable to Fresno County, $28,078.00 to the federal government, and $4,057.00 to the state. (Ibid.) Plaintiff was to pay the remaining balance of $120,022.96 to the Trust over ﬁve years. (Ibi...

2024.03.26 Demurrer to TAC, Motion to Strike 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.26

Excerpt: ...e Thir d Amended Complaint. (Code Civ. Proc. § 430.10, subd. (e).) To deny the motion to strike as moot. To set a hearing for Thursday, May 16, 2024, 3:30 p.m. in Department 502 to determine why a ﬁnal leave to amend should not be granted. A supplemental opposi tion and reply may be ﬁled in accordance with Code of Civil Procedure section 1005. Explanation: On November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hea...

2024.03.21 Motion to Tax Costs 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.21

Excerpt: ...ch was entered in favor of Plaintiff against defendants Larry Oakander and Patricia Oakander (collectively “Defendants”). The First Amended Complaint stated one remaining cause of action against Defendants, for breach of installment note. On September 15, 202 3, Plaintiff timely lodged a Memorandum of Costs. On October 2, 2023, Defendants timely ﬁled the instant motion to tax costs. Defendants object to each entry, in part, due to a lack of...

2024.03.21 Motion for Summary Judgment 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.21

Excerpt: ...laration is ruled upon as follows: Objection No. 4 is sustained for improper legal conclusion. Objection Nos. 5 and 8 are sustained for irrelevance and lack of foundation. Objection Nos. 9, 14 -16 are sustained for improper legal conclusion. Objection Nos. 10 -12 are su stained for lack of personal knowledge. Objection No. 17 is sustained for lack of foundation. Objection No. 18- 20 are sustained for lack of personal knowledge. Objection No. 21 i...

2024.03.21 Demurrer, Motion to Strike 296
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.21

Excerpt: ..., with leave to amend. Plaintiff shall serve and ﬁle his ﬁrst amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer First, to the extent that plaintiff seeks to state a clai m against defendant William Smittcamp, he has not alleged any facts showing that he was employed by Mr. Smittcamp, had a contractual or other relationship with him, or that Mr. Smittcamp did ...

2024.03.20 Motion to Compel Further Responses, for Judgment on the Pleadings 550
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.20

Excerpt: ...e “tantamoun t to no responses at all[]” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636), plaintiff's oppositions to the subject discovery motions notes that the veriﬁcations were served with the attendant oppositions – a representation not challenged in t he replies. Monetary sanctions are typically awardable under such circumstances. (See Cal. Rules of Court, rule 3.1348(a); Sinaiko Healthcare Consulting, Inc. v. Paciﬁc He...

2024.03.20 Motion to Compel Arbitration and Stay Proceedings 945
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.20

Excerpt: ...t 17, 2023, the court sustains the objections to Exhibit A and the reference to the same in paragraph 6. The court overrules the objection to paragraph 5. Regarding the Declaration of Martin Martin ﬁled February 7, 2024, the court overrules the objections to p aragraphs 3 and 7, but sustains the objections to paragraphs 4 -6 and Exhibit A. Arbitration Agreement Under the Federal Arbitration Act (“FAA”), A written provision in … a contract...

2024.03.19 Motion to Compel Initial Responses, for Sanctions 056
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.19

Excerpt: ...Custom Chopping, LLC for an Order Deeming Admissions by Plaintiff Telmo Coelho to Request for Admissions, Set One, and Request for Sanctions (3) By Defendant Kyle Brock for an Order Compelling Initial Responses from Plaintiff Telmo Coelho to Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and Request for Sanctions (4) By De...

2024.03.19 Demurrer 241
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.19

Excerpt: ...nty Superior Co urt. Horizon Nut, LLC, Horizon Growers Cooperative, Inc., and Joel Perkins ﬁled a demurrer challenging the ﬁrst cause of action for equitable indemnity on the grounds that it seeks equitable indemnity for an alleged third- party breach of contract and violates public policy. The court agrees with the latter ground and intends to sustain the demurrer. In the ﬁrst cause of action for equitable indemnity, Nutrien alleges that H...

2024.03.14 Motion to Resolve Lien 875
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...aid on thei r behalf, DHCS may assert a lien on a personal injury settlement. However, where the Medi -Cal beneﬁciary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount o f Medi-Cal beneﬁts provided in comparison to the full amount of the beneﬁciary's damages. DHCS may only recover “that portion of a settlement that represents payments for me...

2024.03.14 Motion to Resolve Lien 335
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...aid progra m, administered by the Department of Health Care Services (DHCS or Department). (42 U.S.C., § 1396a.) When a Medi -Cal beneﬁciary is injured and medical expenses are paid on their behalf, DHCS may assert a lien on a personal injury settlement. However, w here the Medi -Cal beneﬁciary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount ...

2024.03.14 Motion for Attorney Fees, to Tax Costs 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...n 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 reas onably 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 mak...

2024.03.14 Demurrer 506
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14

Excerpt: ...ff in this case, Jose Rios Garcia, alleges a single cause of action against the County of Fresno (the "County") for premises liability arising from an accident that occurred when he bumped into a glass window and cut his eye after previously undergoing eye s urgery. Grounds for Demurrer The County demurs generally on the ground that the plaintiff fails to state a cause of action because: (1) under Government Code section 945.6, he failed ...

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

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