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2021.10.21 Motion to Augment Expert Witness List 500
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.21
Excerpt: ...osing party has relied on the list of expert witnesses. [¶] (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits. [¶] (c) The court has determined either of the following: [¶] (1) The moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different or additional testimony...
2021.10.20 Motion to Compel Arbitration, to Stay Action 251
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.20
Excerpt: ...ing the completion of arbitration. Explanation: 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 party opposing the motion must then 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...
2021.10.20 Motion to Amend Complaint 785
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.20
Excerpt: ...ction 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] ‘In ...
2021.10.19 Motions to Compel Further Responses 796
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.19
Excerpt: ... of Order was created to work in conjunction with Local Rule 2.1.17, which states: Filing a request for a Pretrial Discovery Conference tolls the time for filing a motion to compel discovery on the disputed issues for the number of days between the filing of the request and issuance by the Court of a subsequent order pertaining to the discovery dispute. (Fresno Superior Court Local Rules, Rule 2.1.17(A)(5).) Tolling functions merely to “stops t...
2021.10.19 Motion to Compel Responses 926
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.19
Excerpt: ...ections to the request on the grounds that plaintiff's lawsuit is not for personal injury or wrongful death. Renaissance now moves to compel a response pursuant to Code of Civil Procedure section 425.11, subdivision (b). Code of Civil Procedure section 425.11, subdivision (b) states: “When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth t...
2021.10.06 Motion to Strike Answer and Enter Default 095
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.06
Excerpt: ...led two motions referencing an October 6, 2021 hearing date: (1) motion to vacate the November 17, 2020 order, strike defendant's answer and cross‐complaint, and enter default (filed March 18, 2021), and (2) strike defendant's answer and cross‐complaint, and enter default (filed September 8, 2021). Plaintiff reserved a hearing date for only the second motion1 . Defendant, a corporation that cannot represent itself (Merco Constr. Engineers, In...
2021.09.30 Motion to Set Aside Judgment 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.30
Excerpt: ...on a party's motion to vacate a judgment or decree and enter ‘another and different judgment” because either an “[i]ncorrect or erroneous legal basis for the decision, not consistent with or … supported by the facts' or ‘[a] judgment or decree not consistent with or … supported by the special verdict' entitles the moving party to a different judgment.” (In re Marriage of Furie (2017) 16 Cal.App.5th 816, 831.) Plaintiff contends her ...
2021.09.30 Motion to Set Aside Default 025
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.30
Excerpt: ...default entered against them on December 28, 2020. To grant the motion of defendant Harpal Singh to set aside the default entered against him on January 4, 2021. (Code Civ. Proc., § 473, subd. (b).) Defendants shall file their answer within five (5) days of the clerk's service of this minute order. Explanation: Defendants contend that their defaults were taken as a result of mistake, inadvertence, surprise, or excusable neglect and that the serv...
2021.09.30 Motion for Summary Judgment 696
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.30
Excerpt: ...g party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true facts in the case. (Petersen v. City of Vallejo (1968) 259 Cal.App.2d 757, 775.) The moving part...
2021.09.30 Motion for Leave to File FAC 369
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.30
Excerpt: ...ice by the clerk of the minute order. All new allegations are to be set in boldface type. To overrule defendant's evidentiary objections to Paragraphs 3, 4, 5 and Exhibit B of the Dobbins Declaration and to sustain the objection to Exhibit C. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the o...
2021.09.28 Motion for Summary Judgment 665
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.28
Excerpt: ...., § 437c, subd. (q).) Explanation: The ultimate burden of persuasion on summary judgment/adjudication rests on the moving party. The initial burden of production is to show, by a preponderance of the evidence, that it is more likely than not that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) In determining whether any triable issues of material fact exist, the court must strictly constru...
2021.09.28 Motion for Approval of PAGA Settlement 796
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.28
Excerpt: ...iled pursuant to this part. 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 assess a settlement. Nor has the legislature provided any structure or standards for making the assessment. Published California case law has not done so either. Howev...
2021.09.24 Motion to Compel Further Responses 936
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.24
Excerpt: ...tories, Set 2, Interrogatory No. 45. Request for production No. 58 seeks “Any DOCUMENTS relating to the calculation and payment of Harry Overly's salary, including bonus and/or other incentive pay from 2018 through the present.” Interrogatory No. 45 asks, “Since 2018, has Harry Overly received any sort of compensation from YOU as an incentive based on profits of Sun Maid.” In opposition, Sun Maid argues that plaintiffs' requests should be...
2021.09.24 Demurrer, Motion to Strike 936
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.24
Excerpt: ... pending demurrer. To sustain the demurrer to the second amended complaint, in its entirety. No leave to amend is granted. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349‐350.) Defendant shall submit a judgment of dismissal within 5 days of the clerk's service of this minute order. Explanation: I. Motion to Strike On January 11, 2021, the court sustained Sun‐Maid's demurrer as to all nine counts of plaintiffs' First Amended Complaint. The c...
2021.09.23 Motion to Quash 660
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.23
Excerpt: ...of the clerk's mailing of the minute order. To deny the motion to quash as moot. Explanation: The court has power to set aside a judgment that is void as a matter of law. (Code Civ. Proc., § 473, subd. (d).) A judgment may be void as a matter of law for many reasons, including lack of or improper service of summons and lack of personal jurisdiction. (See Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1120–1121; see also Ellard v. Conway (2001...
2021.09.22 Motion for Attorney Fees 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.22
Excerpt: ...rvices rendered on appeal as well. (Wilson v. Wilson (1960) 54 Cal.2d 264, 272.) However, where the appellate decision contemplates further proceedings in the trial court, the successful party on appeal is not yet entitled to Civil Code section 1717 fees on appeal. (Presley of S. Cal. v. Whelan (1983) 146 Cal.App.3d 959, 961.) In Presley, in an action for a breach of contract, an appellate court reversed a trial court's granting of the defendant'...
2021.09.21 Motion to Compel Further Responses 575
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.21
Excerpt: ...ocuments, set one, nos. 10, 11, 13, 16, 24, 25, 27, and 34. The motion is denied as it relates to Nos. 1 and 20. Defendant Harmony Communities, LLC shall provide further responses to nos. 10, 11, 13, 16, 24, 25, 27, and 34 within twenty (20) days from the date of this order. Explanation: Discovery requests are generally afforded liberal construction. (see Code of Civ. Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) A mo...
2021.09.16 Motion to Compel Arbitration 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.16
Excerpt: ...tled “Acknowledgment and Agreement to be Bound by the Alternative Dispute Resolution Policy” (“arbitration agreement”) and the “Alternative Dispute Resolution Policy” (“ADR Policy”), including the Spanish language versions of these documents, which shorten the timeframe to bring a claim to one year from the termination of employment is severed from those documents. Explanation: The moving party bears the burden of showing the arbi...
2021.09.01 Motions to Compel Further Responses 856
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.01
Excerpt: ...2030.300.) To limit the timeframe for the interrogatories to a period of three years before the plaintiffs made their claims. To grant sanctions against defendant for its unjustified refusal to respond to the interrogatories, in the amount of $1,375 per motion. (Ibid.) Defendant shall provide further responses within ten days of the date of service of this order. Defendant shall pay sanctions within 30 days of the date of service of this order. E...
2021.09.01 Motion for Preliminary Approval of Class Action Settlement 196
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.09.01
Excerpt: .... Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800–1801; CRC 3.769(a), 3.770(a); In re Microsoft I–V Cases (2006) 135 Cal.App.4th 706, 723. This applies both to settlements reached before or after a class has been certified. Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected. Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 236. Before the c...
2021.08.26 Motion to Establish Admissions and Compel Responses, for Monetary Sanctions 966
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.26
Excerpt: ... without objections, to defendant Michelle Iarusso's Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 15 court days from the date of this order, with the time to run from the service of this minute order by the clerk. The matters specified in defendant Michelle Iarusso's Requests for Admission, Set One, are deemed admitted, unless plaintiff Danae Schmitzer serves, before the hearing, a proposed res...
2021.08.26 Motion for Summary Judgment, Adjudication 500
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.26
Excerpt: ...spects. To overrule all objections. Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, court...
2021.08.24 Petition to Compromise Claim 325
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.24
Excerpt: ...Ct. Fresno County, Local Rules, rule 2.8.4) In the event that oral argument is requested, both Petitioner and Christian Rea are excused from appearing. Explanation: Petitioner proposes to accept a compromise of disabled adult Christian Rea's claims arising from a two auto collisions for a gross settlement of $45,000, paying $5,000 of the proceeds to cover in excess of $3.2 million in medical expenses, $690 in costs and $15,000, or approximately 3...
2021.08.18 Petitions to Compromise Minor's Claim 476
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.18
Excerpt: ... necessary. To deny, without prejudice, the Petition for Plaintiff Nelson Osvaldo Valladares Lopez. In the event that oral argument is requested, the Court finds good cause to excuse personal attendance by Petitioner and minor. To set a Status Conference for November 16, 2021, 8:30 a.m. in Department 403 for Petitioner to report from any investigations conducted regarding the issues raised as to the best arrangement for Plaintiff Nelson Osvaldo V...
2021.08.12 Demurrer, Motions to Strike Complaint 259
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.12
Excerpt: ...seventh (unjust enrichment), and eighth (interference with business relations) and tenth (conspiracy) causes of action. Leave to amend is granted as to the third, fourth, fifth, seventh, and eighth causes of action, but plaintiff must be able to allege claims either founded in contract and seeking contractual remedies, or founded in tort and based on “(1) facts showing that the plaintiff's property right in the information at issue stems from s...
2021.08.12 Motion to Compel Deposition 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.12
Excerpt: ...ate to Amy Castro's renewed deposition and are non‐privileged. The renewed deposition of Amy Castro shall take place within 30 days of the clerk's service of this minute order. To grant sanctions in the amount of $2,652.50. Defendant Target Constructors, Inc. shall pay the sum of $2,652.50 to counsel for plaintiff within 30 days of the clerk's service of this minute order. If oral argument is timely requested, the matter will be heard on Thursd...
2021.08.05 Motion to Compel Further Responses 976
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.05
Excerpt: ... A.J. Rassamni shall provide further responses, without objections to Form Interrogatories – Employment, set one, numbers 207.2, 208.1, 208.2, 211.2, 211.3. (Code Civ. Proc. § 2030.300.) The motion is denied as to interrogatory number 209.1. Defendant A.J. Rassamni shall serve his responses no later than 20 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To impose monetary sancti...
2021.08.04 Motion for Summary Adjudication 325
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.04
Excerpt: ...alse factual assertion; (3) the factual assertion is false; and (4) the defendant failed to take reasonable care to determine the truth or falsity of the assertion. (Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 470; Judicial Council of Cal. Civ. Jury Instns. (Feb. 2021 rev.) CACI No. 1704.) However, where the plaintiff is a private figure suing over a statement addressing an issue of public concern, plainti...
2021.08.03 Motion for Summary Judgment, Adjudication 215 (2)
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.08.03
Excerpt: ...f covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code sections 1942.4, 1942.5, (6) unfair business practices. Plaintiffs move for summary judgment, or alternatively summary adjudication of each cause of action. Where plaintiffs seek summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling them to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see Hunter v. Pacific...
2021.07.28 Motion to Compel Further Responses, for Sanctions 285
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.28
Excerpt: ...de Civ. Proc., § 2031.310.) The motion can be utilized to attack a response containing: an objection; an agreement to comply that is incomplete; or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) The motion must be served within 45 days after service of a verified response (extended if served by mail, overnight delivery, fax or electronically). (See Code Civ. Proc., §§ 1010.6, subd. ...
2021.07.27 Motion for Summary Judgment 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.27
Excerpt: ...) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant Defendant Aaron J. Carter, M.D.'s Motion for Summary Judgment. (Code Civ. Proc. § 437c(c).) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant D...
2021.07.22 Petition to Compel Arbitration 609
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.22
Excerpt: ...the entire action until an arbitration is had in accordance with the order to arbitrate. (Code Civ. Proc., § 1281.4.) Explanation: Moving Party Burden: The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. Oakland Nat'l Engraving Co. (1986) 185 Cal.Ap...
2021.07.21 Motion to Seal 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.21
Excerpt: ... order that a record be filed under seal if it expressly finds facts that establish: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve...
2021.07.20 Motion for Summary Judgment 206
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.20
Excerpt: ...4, 6, 7, 9, 10, and 11. All other objections are overruled as immaterial to the determination of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposi...
2021.07.15 Motion to Quash Service of Summons and Complaint 465
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.15
Excerpt: ...a)(1) which provides that, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve or file a motion … [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual...
2021.07.15 Motion to Compel Deposition of PMK, Production of Docs 825
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.15
Excerpt: ...d when the 2016 Polaris Ranger Crew XP (“Subject Vehicle”) she was driving rolled over. Plaintiff alleges that the Subject Vehicle was defective in design, and in order to demonstrate that alternative safer designs were feasible when Polaris constructed the Subject Vehicle, Plaintiff seeks to depose the American Honda Motor Company and compel it to produce extensive documentation regarding the safety netting installed on Honda's UTVs. The dis...
2021.07.13 Motion for Summary Judgment 675
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.13
Excerpt: ...laims, plaintiffs must prove the same elements, namely that (1) defendant owed them a duty of care, (2) defendant breached that duty, and (3) plaintiff suffered damages as a proximate result of the breach. (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) In order to prevail on a premises liability claim, plaintiffs must show that defendant owned, leased, occupied, or controlled the subject property. (Contreras v. Anderson (1997) 59 Ca...
2021.07.09 Motion for Summary Judgment 105
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.09
Excerpt: ...996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail on a motion for summary judgment, it is the moving party'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 Sailing, Inc. (1995) 36 Cal.App.4th 558, 562.).) To show that plaintiff cannot establish his claims, defendant may either (1) affirmatively negate one or more elements of...
2021.07.08 Motion for Summary Judgment, Adjudication 236
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.08
Excerpt: ...'s request for judicial notice of Exhibits A through G pursuant to Evidence Code Secs. 452(a), 452(c) and 452(d)(1). To take judicial notice sua sponte pursuant Evidence Code Sec. 452(c) of the postings on the website of the California Secretary of State for the entity known as Valley Cardiac Surgery Medical Corporation. Explanation: Third Cause of Action—Retaliation and Wrongful Termination in violation of Labor Code Sec. 1102.5 Labor Code Sec...
2021.07.08 Motion for Summary Adjudication 644
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.08
Excerpt: ...t 502. Defendant Hurley's opposition shall be served and filed on or before Thursday, September 9, 2021. Plaintiff's reply shall be served and filed on or before September 17, 2021. Explanation: If the party opposing the motion for summary judgment or adjudication shows by declaration that essential evidence “may exist but cannot, for reasons stated, be presented,” the court shall deny the motion, or continue it for a reasonable period, or �...
2021.07.08 Motion for Preliminary Approval of Class Settlement 493
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.08
Excerpt: ... the Settlement Administrator, by January 10, 2022. Explanation: Certification of Class for Settlement: Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The ...
2021.07.08 Demurrer, Motion to Strike 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.08
Excerpt: ...r punitive damages only. Plaintiff is granted 20 days' leave to amend. The time in which an amended pleading may be filed will run from service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: This case was filed on December 9, 2019. Two causes of action are alleged: (1) negligence; and (2) legal malpractice. Defendant Stephen Labiak now demurs to both causes of action. Ea...
2021.07.07 Motion to Compel Arbitration 500
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.07
Excerpt: ...ndant Ford Motor Co.'s objections. None are material to the outcome of the instant motion. Explanation: Defendant Ford Motor Co. (“FMC”) now moves to compel arbitration. It brings the instant motion based on the broad language of the Arbitration Provision that plaintiff signed when she purchased the subject Vehicle. In relevant part, the Arbitration Provision states: Any claim or dispute, whether in contract, tort or statute… between you an...
2021.07.07 Demurrer 486
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.07
Excerpt: ...esire to file a first amended complaint, that must be done within 20 days from the date of this order and any new allegations must be in bold print. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., 452.) Furthermore, “[t]his rule of liberal construction means that the reviewing co...
2021.07.01 Motion for Summary Judgment 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.07.01
Excerpt: ...cedure, section 473c, subdivision (f)(2), “A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” (Code Civ. Proc., § 437c, subd. (f)(2).) If a party brings a renewed summary...
2021.06.29 Motion to File Docs Under Seal 305
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.29
Excerpt: ...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 must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) “The party requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made, ...
2021.06.24 Motion for Summary Adjudication 325
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.24
Excerpt: ...lse factual assertion; (3) the factual assertion is false; and (4) the defendant failed to take reasonable care to determine the truth or falsity of the assertion. (Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 470; Judicial Council of Cal. Civ. Jury Instns. (Feb. 2021 rev.) CACI No. 1704.) However, where the plaintiff is a private figure suing over a statement addressing an issue of public concern, plaintif...
2021.06.17 Motion to Oppose Application for Good Faith Settlement 357
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.17
Excerpt: ...cy limit settlement with plaintiff was in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Defendants Jorawar Singh Nagra and Amandeep Singh dba Handi Stop Mini Mart (“Handi Stop”) filed this motion opposing the settlement. Vasquez argues that the opposing parties fail to meet their burden to provide admissible evidence establishing lack of good faith. However, on a contested motion it is still the settling party's burde...
2021.06.17 Motion for Stay of Civil Action 736
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.17
Excerpt: ... that arises out of the same incident that led to plaintiffs' decedent's death. He contends that it would constitute a violation of his Fifth Amendment rights to have to choose between testifying in the civil case to defend himself and potentially incriminating himself, or remaining silent in the civil case and potentially being subjected to civil sanctions in order to avoid incriminating himself. An application for a stay is addressed to the sou...
2021.06.17 Demurrer 061
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.06.17
Excerpt: ...defendants Judge Harrell, Judge Alvarez and Judge Simpson's demurrer to plaintiff's first amended complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (a).) To find moot defendant Judge Gamoian's demurrer to plaintiff's first amended complaint. To deny plaintiff's motion. Explanation: Defendants Judge Harrell, Judge Alvarez and Judge Simpson's Demurrer to Plaintiff's First Amended Complaint Subject Matter Jurisdiction. No specific...

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