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2024.02.14 Motion for Summary Judgment, to Compel Compliance with Order 535
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.14
Excerpt: ...oot. Explanation: SUMMARY JUDGMENT Evidentiary Objections The court finds plaintiff's objection to Pappas Declaration paragraph 3, and Exhibit A attached thereto, moot in light of plaintiff's submission of the same evidence in her opposition. The court overrules plaintiff's remaining objections to the Pappas Declaration. Merits A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is e...
2024.02.08 Motion for Attorney Fees 561
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.08
Excerpt: ...awal is not yet e¯ective, as counsel have not Þled proof of service of the Order Granting Attorney's Motion to be Relieved as Counsel. According to the order at paragraph 5, the “[attorney] is relieved as counsel of record for client e¯ective upon the Þling of the proof of service of this signed order upon the client.” No such proof of service has been Þled. Plainti¯ Þled this is action to recover on a $500,000 Loan Agreement and Pr...
2024.02.08 Demurrer 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.08
Excerpt: ...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 possible di¯iculty or inability in proving the allegations of the complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the su¯icienc...
2024.02.07 Demurrer to TAC 776
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.07
Excerpt: ... Sixth, and Seventh Causes of Action Tentative Ruling: To sustain the demurrers to the entire Third Amended Complaint, with leave to amend. (Code Civ. Proc., § 430.10, subd. (f).) To take judicial notice of each document included in defendants' requests for judicial notice. (Evid. Code, § 452, subds. (c), (d).) Explanation: Defendant Fresno Community Hospital and Medical Center dba Community Regional Medical Center (“CRMC”) generally and sp...
2024.02.06 Motion for Protective Order 125
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.06
Excerpt: ...ourt may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2031.060, subd. (b).) This motion is brought pursuant to Code of Civil Procedure section 2031.060. Accordingly, the Superior Court of Fresno County, Local Rules, rule 2.1.17 applies. The relevant provision of Local Rule 2.1.17 provides as follows “…no motion...
2024.02.06 Motion for Final Approval of Class Action Settlement 864
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.06
Excerpt: ...l dollar amounts Þlled in (actual costs awarded as well as enhancement payments), within 5 days of the clerk's service of this order. To set a hearing on December 4, 2024 at 3:30 p.m. in Department 502 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A veriÞed report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than November 18, 2024. Explanation: “Before ...
2024.02.01 Motion to Strike 776
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.01
Excerpt: ...nitive damages, and the allegations at Item 14a “(2) punitive damages,” and “(2) in the amount of: $3,000,000.00.” (Code Civ. Proc., §§ 425.13, 425.10.) The striking of the punitive damages allegations is without prejudice to plainti¯s Þling a motion under Code of Civil Procedure section 425.13, subdivision (a). Explanation: Plainti¯s' Second, Third, and Fourth Amended Complaints Code of Civil Procedure section 472, subdivision (a)...
2024.02.01 Motion to Compel Arbitration, Stay Proceedings 246
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.01
Excerpt: ...l Arbitration Act, and request to dismiss, or alternatively, stay the action pending arbitration. Pursuant to the Federal Arbitration Act (“FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such ...
2024.02.01 Motion for Summary Judgment 487
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.01
Excerpt: ...cument included in plainti¯s' request for judicial notice. (Evid. Code, § 452, subd. (d).) To grant plainti¯s' motion for summary judgment against Agricultural Contracting Services Association. Inc., dba American Labor Alliance Workers' Compensation Fund & Trust, dba CompOne USA (“ALA”), and to deny the motion against Omega Community Labor Union, dba Compass Pilot Trust (“Omega”). (Code Civ. Proc., § 437c, subds. (c) and (p)(1).) Pl...
2024.02.01 Motion for Summary Adjudication 720
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.02.01
Excerpt: ...resolved in their favor. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 850 [“First, and generally, from commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.”].) Accordingly, a plainti¯ moving for summary adjudication on an a¯irmative...
2024.01.30 Motion for Summary Adjudication 625
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.30
Excerpt: ...air Employment and Housing Act provisions relied upon by plainti¯. To sustain defendant's objections as to the declaration of Shaun Austin. To sustain defendant's objections, except objection #2, to the declaration of Morgan Ruiz. Explanation: This case arises out of an alleged wrongful termination of plainti¯ after he su¯ered a brain aneurism requiring emergency surgery and extensive post-surgical rehabilitation. When plainti¯ contacted ...
2024.01.25 Motion for Attorney Fees, to Amend Judgment 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.25
Excerpt: ...r Family Trust of 2004, ("Plaintiff") seeks an award of attorney fees pursuant to Civil Code section 1717 following judgment after trial, which 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. Plaintiff now seeks a fee award of $407,553.60. Statutory Grounds unde...
2024.01.25 Motion for Summary Judgment 075
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.25
Excerpt: ...vere water damage which decedent's house sustained after an integrated water supply part located within an upstairs bathroom faucet failed and caused the home to flood. Unfortunately, decedent had suffered a stroke and was not living in her home at the time in question. Decedent stated that she learned of the claim when the water utility contacted her to advise that her water had been shut off following an unusually large spike in water usage. De...
2024.01.24 Demurrer, Motion to Strike Punitive Damages 595
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.24
Excerpt: ...vil Procedure section 430.41and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the demurrer and motion to strike. If the parties cannot agree on the purported deficiencies in the first amended complaint, defendant may calendar another hearing date for the demurrer and must comply with Code of Civil Procedure section 430.41 and 435.5 in doing so. If the parties need more time to meet and confer, they may subm...
2024.01.18 Petition to Compel Appraisal 166
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.18
Excerpt: ...ibed." (Kacha v. Allstate Ins. Co. (2006) 140 Cal.App.4th 1023, 1031.) It is not the court's role to review the merits of the controversy or to determine whether the evidence is sufficient to support the appraisal award. (Ibid.) The petition identifies the California Arbitration Act, (Code Civ. Proc. S 1280, et seq.) as providing authority for the court to compel California FAIR Plan Association to participate in the Insurance Code 52071 appraisa...
2024.01.18 Motion for Attorney Fees 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.18
Excerpt: ...civil achon brought under the Fair Employment and Housing Act, Government Code section 12900 et seq., may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code 512965, subd. (c)(6).) The parties reached a settlement upon plaintiff's acceptance of defendants' Code of Civil Procedure section 998 Offer to Compromise, the terms of which included reasonable attorney's fees and costs awarded by the court. In her motion ...
2024.01.11 Motion to Deem RFAs Admitted, to Compel Deposition, Initial Responses 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.11
Excerpt: ...of Documents, Set One Tentative Ruling: To grant the motions to compel verified discovery responses, and for deemed admissions. (Code Civ. Proc., S 2030.290, 2031.300, 2033.280.) Within 10 days, plaintiff Jose Madrigal shall serve objections-free, verified responses Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Se...
2024.01.11 Motion for Judgment on the Pleadings, for Terminating Sanctions 906
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.11
Excerpt: ...t dismissing the action as to the City of Fresno. Explanation: A motion for judgment on the pleadings can be made at any time before or during trial. The motion performs the same function as a general demurrer, and thus attacks defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1058.) The plaintiff, Kimberly Ramirez (Plaintiff), has ha...
2024.01.10 Motion for Terminating Sanctions and Monetary Sanctions 715
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.10
Excerpt: ...inute order, a proposed judgment dismissing this action. To grant monetary sanctons against plaintiff and plaintiff's counsel in the amount of $1,359.95. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Terminating Sanctions: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civi...
2024.01.10 Demurrer, Motion to Strike 455
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.10
Excerpt: ...: 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, 597.) In a...
2024.01.04 Motion for Terminating and Monetary Sanctions 699
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.04
Excerpt: ...ubd. To grant plaintiff's request for monetary sanctions in the amount of $1,860 against defendant Brooklyn Moving Inc. payable to plaintiffs 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 order to prov-de discovery." (Code Civ. Proc...
2024.01.03 Motion to Set Aside Default 186
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...xcusable neglect under Code of Civil Procedure, section 473, subdivision (b). Actual Notce "When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (Code Civ. Proc., S 473.5, subd. (a).) The ...
2024.01.03 Motion for Leave to File Complaint 016
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...sehold agreement with the defendants whereby they agreed to lease a single family residence located without Fresno County from defendants. The lease agreement was executed November 17, 2020. The lease included a move-in inspection sheet, notice of repair, and indemnity provisions. Plaintiff alleges that, on February 22, 2021, while residing upon the premises, she tripped and fell in a "defective portion" of the hal way, which caused serious injur...
2024.01.03 Demurrer to FAC 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.01.03
Excerpt: ...demurrers to plaintiff's first (breach of fiduciary duty), third (elder abuse), fifth (breach of implied covenant) and sixth (unfair business practice) causes of acton. To grant defendants' request for judicial notce. The court will take notice of its own records in the instant case for the fact of the filing of plaintiff's first amended complaint but not for the truth of the matters stated therein. Explanation: The express basis for the defendan...
2023.12.21 Motion for Preliminary Approval of Class Settlement 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.12.21
Excerpt: ... 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.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckeyv. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertif...

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