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2022.04.06 Motion to Expunge Lis Pendens 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.04.06
Excerpt: ...ther witnesses to the alleged property sale agreement. Once plaintiff has obtained discovery responses, the court will hear the merits of the motion to expunge. Explanation: In its order issued after the last hearing, the court was concerned that plaintiff had not had a chance to respond to Ms. Barnett's reply evidence, which raised serious concerns about the credibility of plaintiff's version of events and cast doubt on whether plaintiff was lik...
2022.04.06 Motion for Summary Judgment 715
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.04.06
Excerpt: ...ving party, a defendant bears the initial burden of proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) 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 exists – and this must be shown via specific f...
2022.03.30 Motion to be Determined Prevailing Party, to Fix Attorney Fees 933
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.03.30
Excerpt: ...ney's fees. (Civil Code § 1717.) To deny defendant John Wash's motion to strike the entirety of plaintiff's motion. However, the court intends to reduce the amount of fees to be awarded to plaintiff to $6,950. Defendant John Wash shall pay attorney's fees to plaintiff within 30 days of the date of service of this order. Explanation: Under Civil Code section 1717, subdivision (a), “In any action on a contract, where the contract specifically pr...
2022.03.23 Motion to Expunge Lis Pendens 666
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.03.23
Excerpt: ...ions may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” (Ibid.) “[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is b...
2022.03.22 Motion for Summary Judgment 460
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.03.22
Excerpt: ...osian Raisin Packing Company, Inc. The causes of action are brought pursuant to the Private Attorneys General Act (PAGA) Labor Code section 2698, et seq. Plaintiff brings the action on behalf of herself and other aggrieved employees of defendant who were employed by defendant between March 17, 2020 and May 21, 2021 as packers, line workers or other similar positions. The complaint alleges six causes of action, all are Violations of PAGA, Labor Co...
2022.03.09 Motion for Leave to Amend 155
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.03.09
Excerpt: ...on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Cal. Rules of Court, Rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment, (2) state what allegations in the previous pleading are proposed ...
2022.02.23 Demurrer to FAC, Motion to Strike 658
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.23
Excerpt: ... sufficient to constitute a cause of action, as discussed in detail below. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike the portion of paragraph 17 of the first amended complaint which states, “I am familiar with the owner of Pacific Grain & Foods, LLC, Lee Perkins, the petitioner in this case, as I have witnessed him engage in an unprofessional and aggressive manner toward his employees that was shocking and unforgetta...
2022.02.17 Motion to Quash Service of Summons 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.17
Excerpt: ...ontacts with California to justify imposing personal jurisdiction over it. The hearing on Standard's motion will be continued to April 12, 2022 at 3:30 p.m. in Department 403. Explanation: “First, when jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that ‘minimum contacts' exist between defendant and the forum state to justify imposition of personal jurisdiction. The plaintiff ha...
2022.02.17 Motion for Summary Judgment, Adjudication 560
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.17
Excerpt: ... purchased wine grapes that were allegedly unusable because of “smoke taint” following the 2017 wildfires in Northern California. Plaintiff contends the smoke taint destroyed the marketability of much of plaintiff's wine and juice, resulting in $14.79 million in actual losses and anticipated future losses of $86.16 million. Four causes of action remain: (6) Negligence against defendant Dalena‐Benick; (7) Breach of Fiduciary Duty against def...
2022.02.16 Motion for Summary Judgment, Adjudication, for Leave to Amend Complaint 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.16
Excerpt: .... To grant defendants' motion for summary adjudication of the third cause of action for defamation. (Ibid.) To grant plaintiff's motion for leave to amend the complaint. (Code Civ. Proc. § 473, subd. (a).) Plaintiff shall serve and file her first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Motion for Summary Judgment/Adjudication: First, defendants move for summary...
2022.02.15 Motion to Strike or Tax Costs 026
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.15
Excerpt: ...an Ambulance, et al.'s motion to strike plaintiffs' memo of costs. To grant the motion to tax certain items in the memo of costs, as set forth below. Explanation: 1. Plaintiffs' Motion to Strike or Tax CRNA Bassi's Memo of Costs: Under Code of Civil Procedure section 1032, subdivision (b), “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Cod...
2022.02.15 Motion to Compel Further Responses 326
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.15
Excerpt: ... party must draft and submit to the court a protective order limiting the disclosure of plaintiff's documents to defendants' counsel and experts, and requiring the destruction of the documents at the end of these proceedings. Plaintiff shall serve further responses in full compliance with Code of Civil Procedure, sections 2031.210 – 2031.230, without objections, and production of all responsive documents no later than 30 court days from the dat...
2022.02.09 Motion to Fix Undertaking 196
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.09
Excerpt: ...f the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases: (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under appeal. (3) The judgment against appellant is solely for costs awarded to the respondent …” (Code Civ. Proc., § 917.9, subd. (a)....
2022.02.08 Motion to Compel Further Responses 976
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.08
Excerpt: ...rican Investments to provide further responses to Form Interrogatories – Employment, as specified below. Defendants shall serve their 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 sanctions in favor of Plaintiff Labor Commissioner, and against Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and G...
2022.02.04 Petition for Writ of Mandate 125
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.04
Excerpt: ...mber 22, 2020 approval of the petition to list the western Joshua tree1 as a candidate species under the California Endangered Species Act, (Fish & G. Code, § 2050, et seq. [“CESA”2 ].) For the reasons set forth below, this court intends to leave the Commission's threshold approval undisturbed and deny the petition for writ of mandate. (Code Civ. Proc., § 1094.5.) Statutory Background The California Endangered Species Act (“CESA”) conta...
2022.02.03 Motion to Deem RFAs Admitted, for Monetary Sanctions 796
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.03
Excerpt: ...s. (Code Civ. Proc. § 2033.280.) The discovery cutoff dates and discovery motion cutoff dates had already run before the discovery requests were served, so plaintiff's motion is untimely and must be denied. (Code Civ. Proc. § 2024.020.) Explanation: Under Code of Civil Procedure section 2033.280, If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests...
2022.02.03 Motion for Summary Judgment, Adjudication 665
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.03
Excerpt: ... to the declaration of Robert Offerman, paragraphs 1, 2, 8, 9, and 15. All other objections are overruled pursuant to Code of Civil Procedure, section 437c, subdivision (q). To deny moving defendants' motion for summary judgment. (Code Civ. Proc., § 437c, subd. (c).) To grant moving defendants' motion for summary adjudication as it relates to the second and third causes of action. (Code Civ. Proc., § 437c, subd. (f).) The motion is denied as it...
2022.02.02 Motion to Exclude Expert Toxicologist 565
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.02
Excerpt: ...r's expert trial witnesses to the following extent: [¶] (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (Code Civ. Proc., § 2034.210, subd. (a).) “The exchange of expert witness information shall incl...
2022.02.01 Motions to Compel Further Responses 976
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.02.01
Excerpt: ... specified below. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and Great American Investments in the sum of $333.00. (Code Civ. Proc., § 2023.010, subd. (f), (h).) Defendants shall pay the sanctions to plaintiff's counsel within 30 days of the clerk's service of the minute order. Explana...
2022.01.27 Demurrer 725
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.27
Excerpt: ...t leave to amend. (Code Civ. Proc., § 430.10, subd. (e). Explanation: The court notes that the complaint does not indicate which causes of action alleged are pertaining to each respective defendant. Thus, the court will only rule on this demurrer as to State Farm as to all causes of action. Plaintiff's Standing to Sue: Defendant State Farm demurs to each cause of action, contending that plaintiff has not alleged sufficient facts to state a valid...
2022.01.26 Motion to Transfer Venue 645
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.26
Excerpt: ...nder Code of Civil Procedure section 397, subdivision (a) and Government Code section 12965, subdivision (b)(3). Under Code of Civil Procedure section 397, “The court may, on motion, change the place of trial in the following cases: [¶] (a) When the court designated in the complaint is not the proper court.” (Code Civ. Proc., § 397, subd. (a).) There is no express time limit for moving for a change of venue under section 397, and courts sho...
2022.01.25 Moton to Compel Further Responses 976
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.25
Excerpt: ... Documents, set one, nos. 1‐7 and 10‐12. The motion is denied as to demand nos. 8 and 9. Defendants shall each serve further verified responses without objections and produce all responsive documents to demand nos. 1‐ 7 and 10‐12 within 30 days of service of the order by the clerk. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, ...
2022.01.25 Motion to Compel Further Responses 296
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.25
Excerpt: ... Inc. (“Toyota”) shall serve verified supplemental responses without objections within 20 days of the date of service of this order. Explanation: On April 29, 2021, plaintiffs propounded its Request for Production of Documents, Set One (“RFPD, Set One”), containing 53 requests, to Toyota. On June 1, 2021, Toyota served its responses, including objections, to each of the 53 requests. On August 31, 2021, plaintiffs requested a Pre‐trial D...
2022.01.20 Motions to Compel Responses, for Monetary Sanctions 806
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.20
Excerpt: ...and for Inspection of Documents, Set One, is rendered moot by plaintiff's response to the discovery request, served on November 16, 2021. To grant defendant's motion to compel further responses to defendant's Demand for Inspection of Documents, Set Two as to Request Nos. 12‐14 and 16‐24. Plaintiff shall serve further responses in full compliance with Code of Civil Procedure, sections 2031.210 – 2031.230, without objections, and produce all ...
2022.01.20 Motion to Strike FAC 536
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.20
Excerpt: ... days after the ten‐day deadline for filing an amended complaint set by the court's order after it granted the last motion to strike. Under Code of Civil Procedure section 436, subdivision (b), “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: … (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul...
2022.01.19 Motion for Summary Judgment, Adjudication, for Judicial Determination of Consumer Legal Remedies Act Claim 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.19
Excerpt: ...emedies Act claim. (Civil Code § 1781, subd. (c).) Explanation: Motion for Summary Judgment/Adjudication: Defendant argues that plaintiffs' claims are all barred by the statute of limitations, as plaintiffs purchased the subject car in February of 2010, but they did not file suit until June 5, 2019. Defendant points out that plaintiffs' claims are all subject to statutes of limitations of between two and four years, yet plaintiffs did not file t...
2022.01.11 Motion to Set Aside Default, Judgment 359
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.11
Excerpt: ...ion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Appli...
2022.01.06 Demurrer 385
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.06
Excerpt: ...es of action. To grant leave to amend as to the second, third, fifth, and sixth causes of action. To deny leave to amend as to the seventh and ninth causes of action. Plaintiff shall serve and file her second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Second Cause of Action: The second cause of action fails to state a valid claim for breach of the implied covenant ...
2022.01.05 Motion for Writ of Attachment 136
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.05
Excerpt: ...nc., a suspended corporation; Felix Tiscanero; Fruit Valley Harvest, Inc. dba Fruit Valley Harvesting; and Domingo Eustacio Cruz‐Lopez dba De Cruz FLC, to recover loaned monies made between August and September 2021, in the approximate amount of $500,000. Plaintiffs now seek to attach certain real property and farm products as a provisional remedy. No timely opposition was filed. (Code Civ. Proc. § 484.060, subd. (a).) Preliminary Facts Plaint...
2022.01.04 Motion to Strike 926
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.01.04
Excerpt: ...reble damages, specifically page 8, lines 9‐11 and the prayer on page 9, line 3, with leave to amend. Plaintiff is granted 10 days' leave to file the Second Amended Complaint. The time in which the FAC can be amended will run from service by the clerk of the minute order. Explanation: Defendant moves to strike the language in the First Amended Complaint (“FAC”) seeking exemplary damages pursuant to California Civil Code, section 3294 and tr...
2021.12.15 Motion to Disqualify Counsel 766
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.15
Excerpt: ...arry Wilmoth, Jr. for the benefit of the Harry Wilmoth Sr. and Doris Wilmoth Trust (“Senior Trust”)1 Plaintiff formed in 2006 between William Van Erickson dba Van Erickson Contractor, Junior, and Roxy Lewis. Van Erickson Contractor had previously been in operation since the 1960s. (Verified Complaint, ¶ 6, 10.) The verified complaint alleges that Junior was the trustee of the Senior Trust, and was acting in his capacity as trustee in securin...
2021.12.14 Motion to Set Aside Default 145
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.14
Excerpt: ...n from service by the clerk of the minute order. Explanation: Actual Notice and Proof of Service: Where service of summons has not resulted in actual notice to a party in time to defend the action, the court is empowered to grant relief from a default. (Code Civ. Proc., § 473.5.) Pacific asserts that it had no knowledge of the proceeding until after default was entered against it in July 2021. Plaintiffs purported to serve defendant Pacific with...
2021.12.14 Motion for Summary Judgment, Adjudication 645
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.14
Excerpt: ...).) Explanation: Summary Judgment/Adjudication A motion for summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) The moving party bears the burden of showing the court that the plaintiff 'has not established, and cannot reasonably expect to establish, a prima faci...
2021.12.09 Motion for Summary Judgment 315
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.09
Excerpt: ...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.) “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for ...
2021.12.08 Petition to Compel Arbitration 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.08
Excerpt: ...ion of emotional distress; (4) violation of Business and Professions Code section 17200; and (5) wrongful death. Plaintiff is litigating cause of action three [NIED] and five [wrongful death] in her individual capacity. Petitioner, defendant Antonis Antoniou, M.D., now moves to compel arbitration. In opposition, plaintiff argues that the petition at issue should be denied because: (1) pursuant to Code of Civil Procedure section 1281.2, subdivisio...
2021.12.08 Motion to Vacate Order Compelling Arbitration, Lift Stay 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.08
Excerpt: ...rguments: (1) under Code of Civil Procedure section 1281.2, subdivision (c), arbitration is no longer required; (2) decedent did not consent to the arbitration clause; (3) delay in arbitration requires that the order compelling arbitration be vacated; and (4) the arbitration agreement at issue is unconscionable. In opposition, defendant Covenant Care California, LLC, dba Pacific Gardens Nursing and Rehabilitation Center argues: (1) plaintiff fail...
2021.12.08 Motion to Compel Further Responses 755
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.08
Excerpt: ...ge (“FIE”) a Request for Admissions, Set Three (“RFAs”), containing 59 requests. (Declaration of Nicholas J. Peterson, ¶ 2.) On January 4, 2021, FIE served only objection responses to each of the 59 requests. (Id., ¶ 3, and Ex. A.) On February 16, 2021, plaintiff requested a pre‐trial discovery conference on, among other things, all of the 59 requests of the RFAs. On February 22, 2021, the court issued an order that plaintiff may proc...
2021.12.08 Motion for Trial Preference 575
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.08
Excerpt: ...t may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.” (Code Civ. Proc., §36, subd. (d), emphasis added.) In support of her motion, plain...
2021.12.02 Motion to Strike 650
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.02
Excerpt: ...�§ 436, 431.10, subd. (b).) To grant leave to amend. Should cross‐complainant Jing Yang desire to amend, the First Amended Cross Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should cross‐complainant elect not to amend, cross defendants shall file responsive pleadings within thirty (30) days from the date of this order. Explanation: “Any party, within the time allowed ...
2021.12.01 Demurrer, Motion to Strike 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.12.01
Excerpt: ...nded Complaint Tentative Ruling: To sustain the demurrers to the Second Amended Complaint's ninth and tenth causes of action. (Code Civ. Proc., § 430.10, subds. (e) and (f).) To grant the motions to strike. (Code Civ. Proc., §§ 435 and 431.10, subd. (b).) To grant leave to amend. Should plaintiff desire to amend, the Third Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold pri...
2021.11.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 265
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.11.30
Excerpt: ...e class list and related information to the class administrator, for the class administrator to mail notice to the class members, and for class members to mail objections or requests for exclusion, shall be as set forth in that order. A hearing for final approval is set for May 17, 2022, at 3:30 p.m. in Department 403. Papers for this hearing must be filed on or before April 20, 2022. Explanation: Plaintiff has addressed the issues included in th...
2021.11.17 Motion for Summary Adjudication 950
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.11.17
Excerpt: ...owing that the notice of motion and supporting documents were served on all defendants prior to the hearing. (Code Civ. Proc. § 437c, subd. (a)(2).) Explanation: Plaintiff moves for summary adjudication of defendants' third, fourth, and seventeenth affirmative defenses, as well as their first, second, and fifth cross‐claims in their cross‐ complaint. Plaintiff alleges that it entered into a lease agreement with defendants for defendants to o...
2021.11.10 Motion to Abate Substandard Buildings, for Appointment of Receiver, for Attorney Fees 816
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.11.10
Excerpt: ..., California. To grant petitioners' request for attorney's fees and costs from respondents. Explanation: Abatement and Receivership Under Health and Safety Code section 17980.6: If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part...
2021.11.03 Motion to Tax Costs 475
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.11.03
Excerpt: ...n costs. Defendant now seeks to tax those costs on two grounds: that plaintiff is not a prevailing party within the meaning of Code of Civil Procedure section 1032 and California Rules of Court Rule 3.1700; and that the costs claimed are disallowed. Though defendant argues that plaintiff is not the prevailing party within the meaning of Code of Civil Procedure section 1032, section 1032 does not control. (See Stratton v. Beck (2018) 30 Cal.App.5t...
2021.11.03 Motion to Expunge Lis Pendens 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.11.03
Excerpt: ...de Civ. Proc. § 405.30; 405.32.) Plaintiff shall file and serve its sur‐reply by the close of business on January 19, 2022. Defendant Barnett shall file and serve her response by the close of business on January 26, 2022. Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency o...
2021.10.28 Motion to Consolidate Actions 776
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.28
Excerpt: ...anation: The motion for consolidation must be denied because, as more fully discussed below, the balancing test for determining whether plaintiff's defenses can be presented in the unlawful detainer action is for the unlawful detainer court, upon noticed motion, to decide; it cannot be addressed by the court in a civil action via consolidation. Under Code of Civil Procedure section 1048, subdivision (a), "When actions involving a common question ...
2021.10.27 Motion to Compel Arbitration and Stay Action 740
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.27
Excerpt: ...ements. (Wagner Construction Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25; Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97; see Code Civ. Proc. §1281.2.) “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is r...
2021.10.27 Motion for Leave to File Complaint 826
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.27
Excerpt: ...ute order. It shall be served within 10 days of its filing. Explanation: A defendant whose negligence is alleged to have caused an accident may file a cross‐complaint for equitable indemnity against concurrent tortfeasors. (Santa Barbara Channelkeeper v. City of San Buenaventura (2018) 19 Cal.App.5th 1176, 1186.) However, where a party is entitled to pursue a claim for indemnity by way of either a crosscomplaint or a separate action, “purpose...
2021.10.26 Petition to Compromise Claim 325
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.26
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 ...
2021.10.26 Motion for Leave to Amend Complaint 065
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.10.26
Excerpt: ...le 3.1324(b), attaching a copy of the proposed amendment or amended pleading as required by California Rules of Court, rule 3.1324(a), and attaching all the exhibits that were supposed to have been included with counsel's declaration but were inadvertently omitted. (Code Civ. Proc., § 473, subd. (a)(1).) Moving party shall file and serve the first amended cross‐complaint within ten (10) days of the clerk's service of the minute order. All new ...

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