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3449 Results
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2019.11.21 Motion for Preliminary Approval of Class Action Settlement 062
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.21
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.21
Excerpt: ...xplanation: 1. Preliminary Certification of the Class Before the court can grant preliminary approval of the class action settlement, it must grant preliminary certification of the proposed class. (Cal. Rules of Court, rule 3.769(d).) Before a court may approve the settlement, the settlement class must satisfy the normal prerequisites for a class action. (Amchem Prods., Inc. v. Windsor (1997) 521 US 591, 625‐27.) However, because a trial court ...
2019.11.21 Motions to Quash Deposition Subpoenas, Request for Protective Orders, for Monetary Sanctions, Stay of Production 902
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.21
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.21
Excerpt: ... order, limiting the scope of the subpoenas to the time period from January 1, 2008 to June 3, 2015. (Ibid.) To deny both parties' requests for monetary sanctions against the other. (Code Civ. Proc. § 1987.2.) Explanation: Code of Civil Procedure section 1987.1, subdivision (a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or ...
2019.11.19 Special Motion to Strike 160
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.19
Excerpt: ...to Code of Civil Procedure section 425.16. City argues that plaintiff's entire case stems from administrative investigations into suspected misconduct of plaintiff and his coworker La‐Kebbia Wilson, and that such constitutes “official proceeding[s] authorized by law” within the meaning of the SLAPP statute. City then argues that plaintiff is not likely to prevail on the merits. The court finds City's arguments persuasive. Code of Civil Proc...
2019.11.19 Demurrer, Motion to Strike 207
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.19
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.19
Excerpt: ...s that she can make the requisite evidentiary showing under Code of Civil Procedure section 425.13, then she may bring a motion to amend the complaint to add her prayer for punitive damages against defendant Clark. Explanation: Demurrer: Defendant contends that plaintiff has not stated a valid claim for assault or battery because she consented to the medical procedure that was performed on her. However, plaintiff has alleged that she withdrew her...
2019.11.19 Motion for Final Approval of Class Settlement 334
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.19
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.19
Excerpt: ... part of paragraph 20 which states “and are forever barred and enjoined from prosecuting such released claims against the Released Parties.” The Judgment need also reflect that if all checks for the class members are cashed, $115,792.12 will be paid to class members, and that the parties are to report back on July 23, 2020 at 3:30 p.m. in this Department as to the amounts paid and the total amount of any uncashed checks for possible amendment...
2019.11.19 Motion for Undertaking 122
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.19
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.19
Excerpt: ...in judgment in the action.” (Baltayan v. Estate of Getemyan (2001) 90 Cal.App.4th 1427, 1430.) The defendant need only show that it is reasonably possible they will win. (Id. at 1432 [noting that burden is satisfied through demonstration of an arbitration award, the arbitrator's letter and police report]; see also Shannon v. Sims Service Center, Inc. (1985) 164 Cal.App.3d 907, 914 [arbitration award sufficient demonstration of reasonable possib...
2019.11.19 Motion to Compel Further Discovery Responses 200
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.19
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.19
Excerpt: ...compel further responses, without objection, to Form Interrogatory (“FI”) nos. 1.1, 15.1, 17.1. To deny as to FI no. 12.1. (Code Civ. Proc. § 2030.300(c).) To grant the motion to compel further responses, without objection, to Requests for Admission (“RFA”) nos. 17‐19, 21, 22. To deny as to RFA nos. 2, 20, 24, 27‐38. (Code Civ. Proc. § 2033.290(c).) To grant the motion to compel further responses, without objection, to Request for P...
2019.11.19 Motion to Compel Issuance of Acknowledgement of Full Satisfaction of Judgment 439
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.19
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.19
Excerpt: ...an (“the Srabians”) to issue acknowledgment of satisfaction of judgment, or, in the alternative, to have the clerk of the Court enter the same, on the ground that acknowledgments of full satisfaction of judgment have been entered, and the motion is therefore moot. To deny the request for attorney fees and costs pursuant to Code of Civil Procedure section 724.050. Explanation: On October 24, 2019, defendant and cross‐complainant Larry K. Bue...
2019.11.14 Demurrer, Motion to Strike 303
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.14
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.14
Excerpt: .... To deny all requests in the motion to strike except the request to strike the prayer for punitive damages in the seventh cause of action, at Paragraph 52, which is granted without leave to amend absent plaintiff making a timely motion under Code of Civil Procedure section 425.13. The motion to strike is moot as to the second cause of action (elder financial abuse) due to the ruling on demurrer. Plaintiffs are granted 10 days' leave to file the ...
2019.11.14 Demurrer, Motion to Strike 345
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.14
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.14
Excerpt: ...g: To sustain the demurrer of defendants Biltz and Guzman to each cause of action alleged against them for failure to state facts sufficient to constitute a cause of action. To deny leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant Biltz and Guzman's motion to strike the allegations and prayer for punitive damages, without leave to amend. (Code Civ. Proc. §§ 435, 436.) To sustain the demurrer of St. Agnes in part, and overrule in...
2019.11.14 Motion for Summary Judgment 232
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.14
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.14
Excerpt: ...“SVP”) housed as a civil detainee at the Department of State Hospitals Coalinga facility (“DSH – Coalinga”) wants to tithe 10 percent of his income to the Hospital Protestant Chapel by mailing to the chapel items deemed to be contraband by DSH – Coalinga regulations. According to the amended complaint, plaintiff's various efforts to do so have been rebuffed. He is now suing under 42 U.S.C. section 1983 (“section 1983”). The one de...
2019.11.14 Motion to Require Undertaking 044
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.14
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.11.14
Excerpt: ...orcing a judgment for costs against a person who is not within the court's jurisdiction. The statute therefore acts to prevent out‐of‐ state residents from filing frivolous lawsuits against California residents.” (Alshafie v. Lallande (2009) 171 Cal.App.4th 421, 428, citations and quotation marks omitted.) The statute “provides that upon a defendant's motion, the trial court is required to order an out‐of‐state plaintiff to file an un...
2019.11.13 Motion to Dismiss 506
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.13
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.13
Excerpt: ...99, subd. (a).) Explanation: California Code of Civil Procedure section 399, subdivision (a) authorizes a court to dismiss a case without prejudice if the costs and fees relating to a transfer order are not timely paid. In pertinent part, it states: If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees, including any expen...
2019.11.13 Motion to Compel Deposition 089
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.13
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.13
Excerpt: ...ter Community College District's (“SCCCD”) motion for protective order regarding the deposition of Chancellor Parnell, and impose $1,050 in monetary sanctions against plaintiff and in favor of SCCCD, to be paid to SCCCD's counsel within 30 days of service of the order by the clerk. Explanation: Set for November 13 are three motions concerning depositions of “apex witnesses” for SCCCD: Fresno City College Campus President Carole Goldsmith,...
2019.11.7 Motion for Summary Judgment 943
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.7
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.7
Excerpt: ... objections. Objections of Cardiovascular Consultants Heart Center (“CVC”): The objections do not comply with California Rules of Court, rule 3.1354(b). None of the objections are sequentially numbered, and some objections fail to quote or set forth the objectionable statement or material. (Cal. Rules of Court, rule 3.1354(b).) Having reviewed the objections and the material objected to, the objections would be overruled on the merits, as wel...
2019.11.6 Demurrer 132
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.6
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.6
Excerpt: ...new or amended allegations shall be set forth in boldface typeset. Explanation: A general demurrer admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or ...
2019.11.6 Motion to Compel PMK Deposition 868
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.6
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.6
Excerpt: ...son Most Knowledgeable and custodian of records. Plaintiffs' Notice of Deposition identifies 39 matters for examination and 42 categories of documents to be produced. Plaintiffs' Notice unilaterally set the deposition for 7/25/19. On 7/1/19 Plaintiffs requested alternative dates by 7/19/19 if GM and its counsel were not available on the unilaterally chosen date. (Morse Dec. Exh. B). There was some communication about when the deposition would tak...
2019.11.6 Motion for Discharge of Receiver, Exoneration of Surety, and to Direct Repayment of Fees and Costs 162
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.6
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.6
Excerpt: ...er's fees and costs. Explanation: The property has now been sold and remediated, so there is no longer any need for the receiver to manage the property. Therefore, the court grants the motion to discharge the receiver. (Sly v. Superior Court (1925) 71 Cal.App. 290, 294 [trial court has inherent power to discharge receiver as part of its power of appointment].) Also, the receiver has filed his final report and accounting, which appears to be reaso...
2019.11.5 Demurrer 175
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.5
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.5
Excerpt: ...s of action. To sustain the demurrer to the fifteenth and sixteenth causes of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. (Ibid.) Plaintiff shall serve and file his third amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: In his fourth through eighth causes of action, plaintiff alleges claims for slander of title, negl...
2019.11.5 Demurrer 461
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.5
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.5
Excerpt: ...fin, M.D. is granted 10 days' leave to file his answer to the complaint, notwithstanding the fact that plaintiffs are given leave to amend the complaint as to other causes of action not stated against defendant Griffin. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Demurrer to 42nd Cause of Action for Intentional Infliction of Emotional Distress by Plaintiff Linda J. Anderson The el...
2019.11.5 Demurrer, Motion to Strike 273
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.5
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.5
Excerpt: ...he motion to strike specifications 2, 4 and 5, without leave to amend. To deny the motion to strike specifications 1, 3, and 6. Defendants shall file their answer to the First Amended Complaint within 10 days of the clerk's service of this minute order. Explanation: Demurrer: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider ma...
2019.11.5 Motion for Monetary Sanctions, Terminating or Issue Sanctions 022
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.5
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.5
Excerpt: ...quests for production of documents, set one. To grant ADM's motion for additional monetary sanctions of $1,750 jointly and severally against RBT and its counsel, Georgeson & Bellardinelli and the Law Firm of Campagne and Campagne, for their continued willful and deliberate failure to comply with this court's prior orders of November 20, 2018 and June 21, 2019 compelling RBT to respond to the document requests. RBT and its counsel shall pay moneta...
2019.11.5 Motion for Summary Judgment or Adjudication 726
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.5
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.11.5
Excerpt: ... issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden by showing that one or more elements of the causes of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc. § 437c, subds. (p)(2), (o)(2).) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action and...
2019.11.5 Motion to Amend Judgment 731
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.5
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.11.5
Excerpt: ...87, “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” ...
2019.11.5 Petition for Writ of Mandate 118
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.5
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.11.5
Excerpt: ... cases for the proposition that declaratory review of an administrative decision is not allowed. The Legislature disagrees where the decision is to adopt a regulation. The rule for scope of judicial review of the validity of regulations is set forth at Government Code sections 11350‐11350.3. Section 11350(a) states: “Any interested person may obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an ...