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2019.10.29 Motion to Authorize Disclosure of Records or for Issue Restrictions 358
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.29
Excerpt: ...on appears in the Court's files. The parties appear to concede that the documents at issue are subject to federal privacy protections. The question is whether the relevance identified by Defendants is sufficient to pierce that privacy. As noted by Defendants, the privacy right is balanced against the need for the evidence in question. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) Defendants have identified two separate items of discover...
2019.10.29 Motion to Strike Punitive Damages 530
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.10.29
Excerpt: ...294, subd. (c)(1); see also College Hosp. Inc. v. Superior Court (1994) 8 Cal.4th 704, 725 [“absent an intent to injure the plaintiff, ‘malice' requires more than a willful and conscious disregard of the plaintiff's interests. The additional component of ‘despicable conduct' must be found”].) “'Despicable' conduct is conduct which is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and desp...
2019.10.29 Motion for Relief from Provisions of Government Code 945.4 087
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.29
Excerpt: ...ix months of the accrual of the cause of action. (Gov't Code. §911.2.) The parties do not dispute that the claim was filed late. (See also Gov't Code § 945.3 (claim‐filing requirement is not tolled while criminal charges are pending).) An application to present a late claim must be sent within one year of the accrual of the cause of action. (Gov't Code §911.4.) Respondent does not dispute that the application for leave to file a late claim i...
2019.10.29 Demurrer 122 (2)
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.29
Excerpt: ...d Complaint are to be set in boldface type. To overrule the demurrer. The answer shall be filed within 20 days of the date of this order unless a Second Amended Complaint is timely filed. Explanation: Motion to Strike Allegations of fraud are not improper in claims of breach of contract against a public entity. (see E.H. Morrill Co. v. State (1967) 65 Cal.2d 787, 794.) However, there are no supporting facts of the claims which are the subject of ...
2019.10.24 Motion to Disqualify Counsel 169
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.24
Excerpt: ...nner connected with a judicial proceeding before it, in every matter pertaining thereto.' (Code Civ. Proc., § 128, subd. (a)(5); [citations].)” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil).) Motions to disqualify generally arise in one of two contexts: (1) in cases of successive representation, where an attorney seeks to represent a client with interests that are potential...
2019.10.24 Motion to Strike 731
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.24
Excerpt: ...d amended complaint detailing the basis for the punitive damages. All new or amended allegations are to be set forth in boldface typeset. Explanation: A motion to strike can be used to: “(a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;]” or “(b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. ...
2019.10.24 Motion to Compel Arbitration and Stay Proceedings 489
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.24
Excerpt: ...ovided that both plaintiff and the dealership “agree that any claim, dispute, and/or controversy that either party may have against one another…arising from, related to, or having any relationship or connection whatsoever with [Plaintiff] seeking employment with, employment by, or other association with the [Dealership], whether based on tort, contract, statutory, or equitable law, or otherwise…shall be submitted to and determined exclusive...
2019.10.24 Motion to Compel Further Responses 047
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.24
Excerpt: ...tion must be provided subject to the protective order on file. The further responses are to be served no later than November 7, 2019. To grant sanctions, but to reduce the amount to $885.00, payable by defendant and his counsel by November 7, 2019. Explanation: Interrogatories Nos. 6 and 8 seek the addresses of banks and other financial institutions where defendant Lisenko has had accounts in the past 13 years. Interrogatories Nos. 7 and 9 seek a...
2019.10.24 Motion to Quash Service of Summons and Complaint 712
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.24
Excerpt: ... . a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address[.]” (Code Civ. Proc. §415.20(a).) “If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served . . . a summons may be served by leaving a copy of the summons and complaint at the person's ...
2019.10.24 Petition to Abate Substandard Building, Appoint Receiver 990
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.24
Excerpt: ...ds published in the California Building Standards Code, the State Housing Law, and other rules and regulations adopted pursuant to the State Housing Law. (Health & Saf. Code, §§ 17980 to 17982.) When the violations or conditions of the property involve noncompliance with the requirements of the State Housing Law, or with the requirements of the published State Building Standards Code that implement the State Housing Law, or with local ordinance...
2019.10.23 Demurrer 225
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.23
Excerpt: ...71) 5 Cal. 3d 584, 591. Defendant Logan is alleged to be the owner of the property, to have leased the property to the other defendants, and to have done so with the knowledge of their intention to use the property as a board and care facility. The amended pleading specifically alleges that Logan herself was negligent in hiring, supervising, and retaining employee caregivers. See paragraph 46. The new allegation that Logan herself was negligent i...
2019.10.23 Motion for Sanctions 500
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.23
Excerpt: ...) the motions were untimely as to the initial discovery responses, and (2) the court did not give permission to file the motions after the PTDC as required by Local Rule 2.1.17. In opposing the motions to compel, plaintiff requested $6,000 in monetary sanctions. The tentative ruling did not address the request for sanctions. Neither party requested oral argument, and so on August 8 the tentative ruling became the order of the court. Plaintiff the...
2019.10.23 Application for Writ of Possession 810
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.23
Excerpt: ... an undertaking in order to obtain the writ. (Code Civ. Proc. § 515.010, subd. (b).) Explanation: Under Code of Civil Procedure section 512.010, (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath and shall include all of ...
2019.10.22 Motion to Strike 278
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.22
Excerpt: ...endant may move to strike allegations from a pleading in two situations: (a) the allegation is “irrelevant, false, or improper” or “superfluous” or “abusive” and (b) where the “pleading was not drawn in conformity with the laws of the state or a court rule.” (Code Civ. Proc. § 436(a), (b).) Paragraphs 65.a), 65.i), 70, 75 and 78 These allegations are part of the fifth cause of action for bad faith against Infinity on behalf of Ca...
2019.10.22 Motion for Sanctions 172
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.22
Excerpt: ...nd Code of Civil Procedure section 575.2, which allow for sanctions for non‐compliance with the California Rules of Court and local rules. In this case, Plaintiff alleges that Defendant and her counsel are in violation of California Rules of Court, rule 3.894 and Fresno Superior Court Local Rule 2.4.1 and Civil Standing Order No. 07‐0628. Together, these rules require that all parties and attorneys of record must attend all mediation sessions...
2019.10.22 Motion for Summary Judgment 176
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.22
Excerpt: ...le their substantive opposition and expert declaration by October 15, 2019. Defendant's reply shall be due five calendar days before the continued hearing date. Explanation: Under Code of Civil Procedure section 437c, subdivision (h), “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 reasons stated, be...
2019.10.22 Motion for Leave to File Amended Complaint 031
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.22
Excerpt: ...s order by the clerk. New allegations/language must be set in boldface type. Explanation: Plaintiff seeks leave to amend in order to substitute Kerwin Jackson (“Jackson”) and KJ Worldwide Investments, Inc. (“KJ Worldwide”) as Does 1 and 2, respectively, and to allege that, at all relevant times, they were agents or employees of defendants David Maclachlan and Nuestra Casa Real Estate (“Nuestra Casa”), and that either they or Maclachla...
2019.10.22 Motion for Attorney Fees 646
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.22
Excerpt: ...roduced as the result of litigation. (Galbiso v. Orosi Public Utility Dist. (2008) 167 Cal.App.4th 1063, 1088; see also Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451, 464‐465 [public entity produced pivotal email, photographs and 146 email documents at a court ordered PMK deposition after “unequivocally claim[ing] it had produced every document”. . ..].) Additionally, a plaintiff who prevails in a CPRA action is entitled to an awar...
2019.10.22 Motions to Decertify Class, to Certify Class for Labor Code Section 203 624
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.22
Excerpt: ...'s motion to decertify and to grant plaintiffs' motion to certify with directions. To set February 19, 2020, at 3:30 p.m., as a case management and trialsetting conference in Department 503. Explanation: DECERTIFICATION MOTION 1. Introduction The Court of Appeal decision in this matter specifically called on this Court to address the manageability issue as the case progressed: It does not appear a manageability analysis was explicitly conducted i...
2019.10.3 Motion to Compel Production of Video Footage 733
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.10.3
Excerpt: ...o both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of those cases. (b) Prevent attorneys from taking undue advantage of their adversary's industry and efforts. Code of Civil Procedure section 2018.030 provides: (a) A writing that reflects an attorn...
2019.10.3 Motion to Compel Arbitration, for Sanctions 566
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2019.10.3
Excerpt: ...ation: 1. Objections The Court sustains all objections made by defendants Gurvinder Kandola and Julie Su, referred to herein collectively as the “Labor Commissioner.” The Court also notes that the evidence supplied with the reply papers on the issue of commerce is devoid of any actual ads allegedly placed in out of state publications or invoices showing that was done. There are no receipts or order confirmation for purchases from out of state...
2019.10.3 Demurrer 403
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2019.10.3
Excerpt: ...onable 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 from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Facts appearing in exhibits attached to the complaint will also be accepted as...
2019.10.3 Demurrer, Motion to Strike 182
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2019.10.3
Excerpt: ...e causes of action, the motion to strike items 4 thru 6 stated in the Notice of Motion is denied. To deny the motion to strike as to items 3 and 7 (re punitive damages) stated in the Notice of Motion. To grant the motion to strike as to items 1 and 2 (re pain and suffering) stated in the Notice of Motion. The plaintiffs are granted 20 days leave to file a First Amended Complaint. The time in which the Complaint can be amended will run from the co...
2019.10.3 Motion for Summary Judgment 212
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2019.10.3
Excerpt: ...y judgment order. Explanation: As the moving party, a defendant bears the initial burden of proof to show that the plaintiff cannot establish one or more elements of the causes of action or to show that there is a complete defense. (Code Civ. Proc. § 437c(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 th...
2019.10.2 Motion for Summary Adjudication 697
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2019.10.2
Excerpt: ...ainst defendants Young, Clarke, and Podratz. (Ibid.) Defendants shall submit a proposed judgment consistent with this order within 10 days of the date of service of the order. Explanation: First, the individual defendants move for summary adjudication of the discrimination, retaliation, and failure to prevent discrimination and retaliation claims against them on the ground that individuals cannot be held liable for discrimination or retaliation u...

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