Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

617 Results

Clear Search Parameters x
Location: Fresno x
Judge: Kapetan, Kristi C x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 223)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 642)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 125,25
Array
(
)
2023.11.02 Demurrer to FAC 659
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.02
Excerpt: ... eighth [sic, tenthl cause of action. (Code Civ. Proc. (Code Civ. Proc. S 430.10, subd. (f).) Leave to amend is granted to correct the mis-numbering of the ninth and tenth causes of action in addition to the two causes of action for breach of fiduciary duty. Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. ...
2023.11.01 Motion to Compel Initial Responses, to Admit Truth of Facts, for Monetary Sanctions 552
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...rd in Department 502 on Wednesday, November 1, 2023 at 3:30 pm ** Tentatve Ruling: To grant. (Code Civ. Proc., SS 2030.290, 2031.300.) Within 20 days of service of the order by the clerk, defendant Maria Angelica Ruiz Maciel shall serve objection-free responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and produce all responsive documents. The matters specified in plainti...
2023.11.01 Demurrer 336
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.11.01
Excerpt: ...murrer to the fourth cause of action and to sustain the general and s#cial demurrers as to the first, second, third, and sixth causes of action, with thirty (30) days leave to amend, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: General and Special Demurrers The basis for this demurrer is that the complaint, in its entirety, fails to state facts sufficient to cons...
2023.10.31 Demurrer 897
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.31
Excerpt: ...d claims are barred by the economic loss rule, as the defendants/cross-complainants have only alleged that they suffered financial harm due to plaintiffs' alleged breach of their contractual duties. Plaintiffs contend that, because defendants only allege economic harm from a contract breach, they cannot reccwer in tort as well. It is true that "[a] person may not ordinarily recover in tort for the breach of duties that merely restate contractual ...
2023.10.26 Motion to Quash Service of Summons 550
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.26
Excerpt: ... justifying the exercise of jurisdiction." (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449.) Once the plaintiff meets their burden of establishing minimum contacts, the burden shifts to the defendant to demonstrate that exercising jurisdiction would be unfair or unreasonable. (Secrest Machine Corp. v. Superior Court (1983) 33 Cal.3d 572.) Personal jurisdiction is either general, where the nonresident's contacts with the fo...
2023.10.25 Motion to Compel Further Responses 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Excerpt: ...ney, jointly and severally, payable no later than 30 days from the date of this order, with the time to run from the service of this minute order by the clerk. Civ. Proc. SS 2030.31W, subd. (d), 2023.010, subd. (h).) Explanation: A motion to compel further responses lies where the responses to the interrogatories are deemed improper by the propounding party, i.e., meritless or overly general objections, evasive or incomplete answers. (Code Civ. P...
2023.10.25 Motion for Summary Judgment, Adjudication 253
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.25
Excerpt: ...ent with the court's summary judgment order. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of their cause of action or to show that there is a complete defense. Civ. Proc., S 437c, subd. 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...
2023.10.24 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 385
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.24
Excerpt: ...ries (Set One), Special Interrogatories (Set One), and Request for Prtxluction of Documents (Set One). Plaintiff Dwayne Williams is ordered to serve verified responses, without objections, to defendant within 30 days of service of the minute order by the clerk. To grant defendant Jaene Ojeda Mendoza's requestto deem Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admit...
2023.10.19 Motion for Summary Adjudication 865
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Excerpt: ...injured on the job while working for an electrical subcontractor on September 25, 2019 at a constructon site at 570 N Magnolia Ave., Clovis, California 93611. Defendants Perch Construction, Inc. and Frontline Plastering were the general contractor and subcontractor, respectively. Perch's cross-complaint against Frontline seeks to enforce the defense and indemnity provisions of their subcontract pursuant to which Frontline agreed to provide plaste...
2023.10.19 Demurrer to SAC 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.19
Excerpt: ...nia Attorneys, Administrative Law Judges and Hearing Offcers in State Employment ("Plaintiff") brings one cause of action for declaratory relief against defendants California Department of Human Resources and Eraina Ortega as Director for the California Department of Human Resources (collectively "Defendants"). Plaintiff seeks a judicial declaration of its rights as affected by Defendants' interpretation of certain state law. This court previousl...
2023.10.17 Motion for Summary Judgment 036
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.17
Excerpt: ...ruling. Explanation: A plaintiff is entitled to summary judgment if they have met their burden that '"each element of' the 'cause of action' in question has been 'proved,' and hence that 'there is no defense' thereto." (Aguilar v. Atlantic Richfield Co. (2CM) 25 Cal.4th 826, 8%'.) "A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the pla...
2023.10.17 Motion for Final Approval of Class Settlement and PAGA Settlement 164
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.17
Excerpt: ...ounsel will breach the fiduciary obligations they owe to the absent class members. As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) before securing the court's approval as fair." (Koby v. ARS National Services, nc. (9th Cir. 2017) 846 F. 3d 1071, 1079.) "[lln the final analysis it is the Court that bears the responsibi...
2023.10.12 Motion for Summary Judgment, Adjudication 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.12
Excerpt: ...on: Defendant Stella Villagomez moves for summary judgment, or adjudication of the first amended complaint against her. Although moving defendant denies having taken, secreted, appropriated, obtained or retained any property from the plaintiff or the assistance of another of the same, plaintiff has demonstrated there is a dispute of these material facts. As a result, the motion is denied. Statute of Limitations and Plaintiff's Status as an "Elder...
2023.10.10 Demurrer to FAC 985
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.10
Excerpt: ... To sustain defendant Graney's special demurrers to causes of action Sustain special demurrers to causes of action 1, 2, 3, 6, 9, 10, 11-14, with plaintiff granted 10 days' leave to file a second amended complaint. (Code Civ. Proc., S 430.10, subd. To sustain Graney's general demurrers to causes of action 6, 7, 9, 10, 12 and 14, with leave to amend as to all but 6 and 12. To overrule general demurrers to causes of action 1, 2, 3, 5, 8, 11 and 13....
2023.10.05 Motion for Preliminary Approval of Class Action Settlement 864
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.05
Excerpt: ...Wershba v. Apple computer, Inc. (2001) 91 cal.App.4th 224, 240; see Dunk v. Ford Motor co. (1995) 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 apprcwe a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for...
2023.10.04 Demurrer, Motion to Strike 726
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.10.04
Excerpt: ...emurrers to the seventh, eighth, and ninth causes of action as to all defendants, with leave to amend only as to Beau and Sunshine Pennington. To sustain the demurrers to the fifth and eleventh causes of action, without leave to amend. Plaintiff is granted 10 days' leave to file the Third Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the motion t...
2023.09.27 Application for Writ of Attachment, Temporary Protective Order 655
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.27
Excerpt: ...s or implied contract; (2) the claim is for a fixed or readily ascertainable amount of $500.00 or more, measurable by reference to the contract itself and based upon a computation that is reasonable and certain; and (3) not secured by an interest in real property. (Code Civ. Proc., S 483.010(a).) (CIT Group Equipment Financing, Inc. v. Super DVDI (2004) 115 Cal.App.4th 537, 541.) The plaintiff must at least establish a prima facie case. If the de...
2023.09.20 Demurrer, Motion to Strike 660
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.20
Excerpt: ... as to injunctive relief, with leave to amend. Plaintiffs are granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: 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...
2023.09.12 Motion for Summary Judgment 815
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.12
Excerpt: ...st possess and exercise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar 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 use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a brea...
2023.09.06 Petition to Compel Arbitration and Stay Entire Action 685
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.09.06
Excerpt: ...rbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respndent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been wa-ved by the petitioner; or (b) Grounds exist for the revocation o...
2023.08.31 Application for Default Judgment 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.31
Excerpt: ...eement for sale of the subject property, plaintiff has not proven that it only needs to pay only $29,941.24 in order to pay off the remaining balance under the agreement and receive title to the property. Plaintiff's evidence shows that the parties agreed that plaintiff would purchase the property for $250,000, with a right of first refusall to buy the remaining properties owned by the Virginia Shubin Barnett Living Trust for $12,500. (Exhibit D ...
2023.08.30 Special Demurrer 495
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.30
Excerpt: ...nt. To grant the request for judicial notice. To sustain the general and special demurrers with ten (10) days leave to amend, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Plaintiff filed a first amended complaint and notice of non-opposibon on August 22, 2023. Opposition was due nine (9) court days prior to hearing, per Code of Civil Procedure, Section 1005(b). T...
2023.08.30 Motion for Summary Judgment, Adjudication 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.30
Excerpt: ...djudication, of the first amended complaint against it. The court intends to deny the motion entirely. Defendant has not met its burden in addressing every theory of liability pled against it in the first amended complaint. Even if defendant had met fts burden, plaintiff has demonstrated there is a genuine dispute of material fact, notwithstanding the "factually void" discovery responses relied upon by defendant served in response to discovery re...
2023.08.30 Motion for Relief from Denial of Alleged Untimely Claim for Damages 265
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.30
Excerpt: ... Fresno ("County") concedes that the claims of both Petitioners Aksel Joseph Vega and the Estate of Alfonso A. Vega fall within separate statutory exemptions. (See Opp. at pp. 8:5 — 9:15 [citing Gov. Code, S 946.6, subds. (c)(2) and (c)(6).) Therefore, the petition is granted as to petitioners Aksel Joseph Vega and the Estate of Alfonso A. Vega, Jr. Petitoners Janice Palacios and Aksel Joseph Vega (parents of decedent) " '[Tlhe filing of a clai...
2023.08.30 Demurrer 466
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.30
Excerpt: ...and (f).) Any amended pleading shall be filed within 20 days of the clerk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. Explanation: Demurrer 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., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [MA demurrer can b...

617 Results

Per page

Pages