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2024.05.16 Motion to Enforce Settlement 374
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...parties outs ide of the presence of the court or orally before the court, for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdic tion over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statut...
2024.05.16 Motion to Bifurcate Special Defense at Trial 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...r issues in the case. Defendant city appears to argue that trying the issue of exhaustion of administrative remedies separate from the merits is mandatory here. Defendant city relies on Hill RHF Housing Partners v. City of Los Angeles (2020) 51 Cal.App.5th 621, 634 for its position that exhaustion of administrative remedies is a threshold question which is required to be addressed before considering the merits. This case has been overruled. (Hill...
2024.05.16 Motion for Summary Judgment 114
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...erguson ("Plaintiff"). Plaintiff alleges decedent's passing on November 21, 2019, was the result of negligent medical care provided by defendants, including Scott Ford, M.D. ("Dr. Ford"), after a motor vehicle accident in which decedent was injured. Allegations of the Complaint The accident occurred on October 26, 2019. Plaintiff alleges decedent was a seat -belted passenger in a vehicle that was struck by a drunk driver. Dece...
2024.05.16 Motion for Attorney Fees 394
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ...moti on to strike shall be entitled to recover that defendant's attorney's fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) “Thus, under Code of Civil Procedure section 425.16, subdivision (c), any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131, citations omitted.) “The amount of an attorney fee award under the anti -SLAPP...
2024.05.16 Demurrer to SAC 293
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.16
Excerpt: ... leave to amend. To overrule the demurrer for the third and sixth causes of action as to plaintiff Rafael Gonzalez- Silva. (Code Civ. Proc., § 430.10, subd. (e).) Each request for judicial notice is granted. (Evid. Code, § 452, subds. (d), (h).) Plaintiffs are grant ed 20 days' leave to file the Third Amended Complaint. The time in which the Third Amended Complaint can be amended will run from service by the clerk of the minute order. All new ...
2024.05.14 Motion for Terminating Sanctions 034
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.14
Excerpt: ... against p laintiff Malik Powe payable no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. Explanation: Code of Civil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discov ery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel answers is granted, c...
2024.05.14 Demurrer to FACC 424
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.14
Excerpt: ...d prayer for relief items 1, 3 and 8, without leave to amend. (Code Civ. Proc., § 436.) Cross -defendants shall file their answer to the FACC within 10 days of service of the order by the clerk. Explanation: Demurrer Plaintiff's personal injury complaint alleges cause s of action for premises liability and negligence against Fresno -Bullard Park I Owners' Association (“Fresno -Bullard”). Fresno -Bullard has filed a cross -complaint against...
2024.05.09 Motion for Trial Preference 834
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.09
Excerpt: ...owing that “the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a)(2).) According to plaintiffs' attorney, Mr. Cleveland “suffers from age -related decline in health, suffers from increasing deterioration of his spinal column having had microdisectomy with a fusion surgery scheduled sometime in the summer 2024 and is in the final stag...
2024.05.09 Motion for Summary Judgment, Adjudication 274
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.09
Excerpt: ...ent 403. Explanation: A plaintiff may request a continuance by filing a declaration explaining why further discovery is essential to opposing the motion for summary judgment and why additional time is needed. (Code Civ. Proc., § 437c, subd. (h); Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1270.) The declaration must show facts that establish a likelihood that evidence may exist which would create a triable issue of fact,...
2024.05.08 Motion to Direct Sheriff to Seize Property from Private Place 763
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.08
Excerpt: ...es for a n order directing the sheriff to seize 31 items of property (mostly shipping containers and helicopter manufacturing equipment) from Hiller at 925 M Street in Firebaugh, California. This noticed motion was followed the denial of plaintiff's ex parte applic ation for the same relief. The motion is brought pursuant to Code of Civil Procedure section 699.030, which provides, The judgment creditor may apply to the court ex parte, or on notic...
2024.05.08 Motion for Judgment on the Pleadings 183
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.08
Excerpt: ... Cal.App .4th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5.)1 When reviewing a pleading, a demurrer or motion for judgment on the pleadings admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole a...
2024.05.07 Demurrer, Motion to Strike 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.07
Excerpt: ...e to amend, defendant's general demurrer to the First Amended Complaint's fifth cause of action for “Fraudulent Inducement -Concealment” on the basis that plaintiff had insufficiently pled a relationship with defendant General Motors, LLC to give rise to a duty to dis close the alleged concealed material facts regarding plaintiff's vehicle. On December 14, 2023 plaintiff filed the Second Amended Complaint (“SAC”) which is now the subjec...
2024.05.02 Motion for Summary Adjudication 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.02
Excerpt: ... adm itted that plaintiff's injuries were caused entirely by defendant's and its employee Daniel Willard's negligence, that plaintiff did not contribute to the accident through her own negligence, and that no third party contributed to the accident. As plainti ff points out, the court previously granted an order deeming STA to have admitted the truth of the matters in the requests for admission after defendant failed to verify its responses. (See...
2024.05.01 Motion to Compel Arbitration 739
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.01
Excerpt: ...that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.) Unless there is a dispute over authenticity, the mere recitation of the terms is sufficient for a party to move to compel arbitration. (Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793.) The moving party has the burden of proving the existence of a valid arbitration agreement. (Pinn...
2024.04.30 Motion to Dismiss for Inconvenient Forum 734
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.30
Excerpt: ...s brought under Code of Civil Procedure section 418.10, which provides that the last day to file the notice of motion for a defendant who has not yet appeared in the action is when the responsive pleading to the complaint is due. However, “[t]he provisions of Sec tion 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” (Code Civ. Proc., § 410.30, subd. (b).) Here, plaintiffs' comp...
2024.04.30 Demurrers 303
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.30
Excerpt: ...Proc. § 430. 20, subd. (a) and (b).) To overrule the general and special demurrer for uncertainty to the Amended Cross -Complaint. (Code Civ. Proc. § 430,10, subd. (e) and (f).) To sustain the general and special demurrers to the first, third, fourth, and fifth cause of action. (Code Civ. Proc. § 430.10, subd. (e) and (f).) To overrule the general and special demurrers to the second cause of action. (Code Civ Proc., § 430.10, subd. (e) and ...
2024.04.30 Demurrer, Motion to Strike 084
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.30
Excerpt: ... to def ective moving papers. Explanation: This motion arises out of a Third Amended Complaint (“TAC”) filed February 14, 2024 alleging 1) premises liability against defendant Noble Federal Credit Union and 2) dangerous condition of public property against defenda nt City of Fresno. It does not appear that defendant Noble Federal Credit Union has been served with a Summons or the Third Amended Complaint yet. Defendant City brings this demurr...
2024.04.25 Motion to Withdraw or Amend Admissions 390
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.25
Excerpt: ... reque sting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted... The court shall make this order, unless it finds that the party to whom the requests for admission have bee n directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc.,...
2024.04.25 Motion for Good Faith Settlement 340
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.25
Excerpt: ...er a settl ement is within the “good faith ballpark” by considering the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the se...
2024.04.23 Demurrer 543
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.23
Excerpt: ...rring defendant. Explanation: The plaintiff, Sergio Alvarez, filed a three -page form complaint against the defendant, Iron Workers Local 155. The defendant demurs to the complaint on the grounds that the statute of limitations has expired and the complaint lacks the necessary allegations to state a cause of action. Meet and Confer The parties have complied with the obligation to meet and confer. Request for Judicial Notice Code of Civil Procedu...
2024.04.18 Motion to Consolidate Actions 641
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.18
Excerpt: ...ce of entry of this order in all actions, properly captioned with all case names and numbers. Other than this, all further documents shall be filed only in the lead case. The Mandatory Settlement Conference on July 25, 2024, Trial Readiness on August 23, 2024, and Jury Trial on August 26, 2024 are vacated. The court sets a Case Management Conference on 5/14/2024 at 3:30 p.m. in Department 403 to schedule a new trial date. Zoom appearance is auth...
2024.04.18 Motion to Compel Arbitration and Stay Proceedings 574
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.18
Excerpt: ...n pend ing 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 grounds as exist at law or in equity for the revocation of any contract. (...
2024.04.18 Motion for Leave to File FAC 903
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.18
Excerpt: ...Procedure section 426.50 in support of her motion to amend, section 426.50 only applies to motions to amend crosscomplaints. Code of Civil Procedure section 426.26 is part of Article 2 of Title 6 of Part 2, which sets forth the procedures applicable to compulsory cross -complaints. Therefore, section 426.50 is not the applicable code section when seeking leave to amend a complaint. The correct code section is Code of Civil Procedure section 473, ...
2024.04.17 Motion to Contest Application for Good Faith Settlement 044
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.17
Excerpt: ...s entered into after a verdict and judgment were entered. Explanation: Under Code of Civil Procedure section 877, “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdi ct or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, … it shall have the following effect: … It shall discharge the party to whom it is given f...
2024.04.17 Demurrer 632
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.04.17
Excerpt: ...tion: D efendant American Family Connect Property & Casualty Insurance Company (“Defendant”) specially demurs the second cause of action for breach of contract of the Complaint by Plaintiffs Rawiah Alqadhi, and Akram Alqadhi, Sarah Alqadhi and Sumpula Alqadhi, by and through their guardian ad litem, Rawiah Alqadhi (collectively “Plaintiffs”) on the grounds of uncertainty. Defendant further generally demurs to the second cause of action fo...

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