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3449 Results

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2023.08.15 Demurrers, Motions to Strike FAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.15
Excerpt: ...S 430.10, subd. (e), (f).) To deny RVJ's motion to strike alter-ego allegations. To grant the moton to strike the requests for attorneys' fees at FAC 8:21, 20:26 and 21:4, with leave to amend. (Code Civ. Proc., S 436, subd. To sustain Isidro Martinez and Martinez Accounting, Inc.' (collectively, "Martinez") demurrer to the eleventh, thirteenth, fourteenth and fifteenth causes of action, with plaintiff granted 10 days' leave to amend as to the ele...
2023.08.10 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration 134
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.10
Excerpt: ...f's evidentiary objections to portions of the Alejandra Garcia Declaration, the court is not making a ruling as to paragraph 9 as the court is not considering the 2009 agreement. The court is sustaining the objections to paragraphs 10 and 13. The court is overruling the objection to paragraph 11, with the exception of the words, "...that had been enclosed with the Memo..." Explanation: Under the Federal Arbitration Act ("FAA"), A written provisio...
2023.08.10 Motion to Compel Arbitration and Stay Proceedings 918
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.10
Excerpt: ... that transaction, plaintiff signed a Retail Installment Sales Contract ("RISC") which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on March 25, 2022, against Nissan and Naftoon, lnc„ a repair facility (but not the seller). The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act — Breach of Express Warranty; (2) Fraudulent Inducement — Intentiona...
2023.08.10 Motion for Terminating Sanctions 961
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.10
Excerpt: ...ing to or to submit to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc., S 2023.010, subd. (d).) Once a motion to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more severe sanctions, since disobeying a court order to provide discovery is also a misuse of the discovery process. (ld., (g).) It appears that since at least mid-to-late 2021, p...
2023.08.10 Motion for Summary Judgment, Adjudication 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.10
Excerpt: ...the issues, but merely discovers, through the medium of affdavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. Summary adjudicat...
2023.08.10 Motion for Leave to Intervene in FAC 224
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.10
Excerpt: ... be collectively referred to herein as "Intervenors." The First Amended Complaint alleges that during the period of July 1, 2019, to September 30, 2020, plaintiff overpaid sales taxes in the amount of $10,797,689.31 on the sales of jet fuel to Southwest Airlines Co. The taxes at issue are pursuant to the Bradley8urns Uniform Local Sales and Use Tax Law, codified in Revenue and Taxaton Code section 7200, et seq. Plaintiff pays these taxes to the d...
2023.08.10 Motion for Final Approval of Class Action Settlement 817
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.10
Excerpt: ...an be amended and the distribution of any cy pres funds can be ordered. as to the amount paid to class members must be filed on or before August 1, 2024. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. In addition, there does n...
2023.08.10 Motion for Determination of Good Faith Settlement 399
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.10
Excerpt: ...e section 877.6, "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notce in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc. S 877.6(a)(1).) "The issue of th...
2023.08.10 Motion for Attorney Fees 294
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.10
Excerpt: ... exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., 5425.16, subd. (a).) plaintiffs/crossdefendants prevailed on their ant-SLAPP motion as to the defendant/crosscomplainant's cross complaint. The prevailing defendant on a special motion to strike "shall be entitled" to recover his or her attorney fees and costs, and this fee award is mandatory. (Code Civ. Proc., S 425.15, subd. (c); Ketchum v. Moses (2W1...
2023.08.10 Petition to Approve Compromise of Disabled Person 836
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.10
Excerpt: ... Joyce Henry cannot appear in court for her disabled adult daughter, Charmaigne Tyler. While Probate Code secŸon 3500 allows parents to Þle peŸŸons for compromise of a minor child's claim, there is no equivalent for disabled adults. SecŸon 372 of the Code of Civil Procedure provides that, when a person lacking legal capacity to make decisions or a person for whom a conservator has been appointed is a party, “that person shall appear ei...
2023.08.09 Motion for Monetary, Issue, or Evidentiary Sanctions 906
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.09
Excerpt: ...tions conditionally: If Plaintiff fails to comply with the court's December 15, 2022, order within 10 days of the clerk's service of this minute order, then the court grants the issue and evidence sanctions requested by the City of Fresno (the City), as set forth below. Explanation: Monetary Sanctions The failure to respond to a discovery request is a "misuse of the discovery process" under Code of Civil Procedure section 2023.010, subdivision (d...
2023.08.09 Demurrers 280
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.09
Excerpt: ...ferent allegations in the second amended complaint are to be set in boldface type. Explanation: Mandatory Duty "A plaintiff seeking to hold a public entity liable under Government Code section 815.6 must specifically identify the statute or regulation alleged to create a mandatory duty." (In re Groundwater Cases (2007) 154 Cal.App.4th 659, 689.) In essence, "[t]o construe a statute as imposing a mandatory duty on a public entiW, 'the mandatory na...
2023.08.09 Motion for Judgment on the Pleadings 663
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.09
Excerpt: ...ense to the complaint." (Code Civ. Proc., S 438, subd. (c)(1)(A).) Like a demurrer, a motion for judgment on the pleadings attacks defects disclosed on the face of the pleadings or by matters that may be judicially noticed. (Alameda County Waste Management Authority v. Waste Connections US, Inc. (2021) 67 Cal.App.5th 1162, 1173- 1174.) A motion for judgment on the pleadings is similarto a demurrer in most respects. (Ibid.) Except as provided in t...
2023.08.09 Motion for Writ of Possession 297
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ...f the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of t...
2023.08.09 Motion for Summary Adjudication 508
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ...ary judgment, except it acts on specific causes of action, rather than on the entire complaint. (Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 398.) A plaintiff moving for summary judgment or adjudication of a cause of action must "prove[l each element of the cause of action entitling the party to judgment on that cause of action." (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241; Code Civ. Proc„ S 4...
2023.08.09 Motion for Summary Judgment, Adjudication 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ...f's motion to set the trial date against the estate of Robert Bray by September 7, 2023. To deny the alternative moton to extend the five-year statute for bringing the case to trial. Explanation: Summary Judgment Motion To the extent plaintiff seeks summary judgment against defendant Adi McKissen, the court has already granted McKissen's motion for judgment on the pleadings as to all claims alleged against her without leave to amend. Therefore, p...
2023.08.09 Motion to Strike 518
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.09
Excerpt: ... to address defects in pleadings otherwise not challengeable by a demurrer. (See Code Civ. Proc., S 435.) A motion to strike can be used to attack either a portion or the entirety of a pleading. (Ibid.) Waiver Cross-complainants rely on California Rules of Court, rule 8.54(c), for the position that cross-defendant's arguments are waived because he did not assert them in an opposition to the motion for leave to file a cross-complaint. The rule sta...
2023.08.09 Motions for Summary Judgment 758
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.09
Excerpt: ... judgment consistent with the summary judgment rulings within ten (10) days from the date of this order. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) "A motion for summary adjudication shall be granted only if it completely disposes of ...
2023.08.08 Motion for Leave to File FAC 678
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.08
Excerpt: ...ivision (a), "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may...
2023.08.08 Motion for Judgment on the Pleadings, to Deem RFAs Admitted, for Monetary Sanctions 453
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.08
Excerpt: ...t One) admitted. The truth of the matters specified in the Requests for Admissions are to be deemed admitted unless defendant Alan Stark serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. To grant monetary sanctions against defendant Alan Stark in the total amount of $510. Monetary sanctions are ordered to be paid within 30 calendar days fr...
2023.08.08 Demurrer, Motion to Strike 007
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.08
Excerpt: ... Plaintiff may file and serve a Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. To grant the moton to strike portions of the First Amended Complaint only as to the prayer for punt-ive damages, without leave to amend. To deny the motion to strike portions of the First Amended Complaint on all other grounds. Explanation: On June 30, 2022, plaintiff filed suit against defe...
2023.08.08 Demurrer to SACC, Motion to Strike 097
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.08
Excerpt: ...ice by the clerk of the minute order. All new allegations/language must be set in boldface type. To deny the motion to strike. Explanation: The express basis for the demurrer is that the Second Amended Cross-complaint fails to state facts constituting a cause of action, based upon Code of Civil Procedure section 431.10, subdivision (e). Plaintiffs also demurred for uncertainty to the second and third causes of action. The request for judicial not...
2023.08.08 Demurrer 151
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.08.08
Excerpt: ...desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: First thru Third Causes of Action: Breach of Contract, Implied Covenant, and Common Counts Standing can appropriately be tested by a general...
2023.08.03 Motion for Judgment on the Pleadings 131
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.03
Excerpt: ... dba Focus Home Health. (Code Civ. Proc., S 438.) Explanation: Judgement on the Pleadings A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. (Code Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) he grounds for the moton must appear on the face of the challenged pleading or from facts judicially noticeable. (Prickett v. Bonnier, supra, ...
2023.08.03 Motion for Leave to File Complaint 303
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.03
Excerpt: ... and serve the corrected documents no later than Tuesday, August 15, 2023. Explanation: Notice of Motion A notice of motion must state in the first paragraph exactly what relief is sought and on what grounds the relief is sought. (Code Civ. Proc., S 1010; Cal. Rule of Court, rule 3.1110(a); see People v. American Sur. Ins. Co. (1999) 75 CA4th 719, 726.) The court cannot grant different relief, or relief on different grounds, than stated in the no...
2023.08.03 Motion to Compel Deposition of PMK, Production of Docs 553
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.03
Excerpt: ...uding any party to the action" (Code Civ. Proc., S 2025.010), "[e]ach of the statutes governing discovery contains a provision that requires that the parties, prior to invoking the assistance of the court, attempt to informally resolve their discovery disputes." (Townsend v. Superior Court (1998) 51 Cal.App.4th 1431, 1436-1437, emphasis added.) This requires an "an earnest attempt to resolve impasses in discovery." (ld. at p. 1438.) Trial in this...
2023.08.03 Motion for Summary Judgment 839
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.03
Excerpt: ...moving for summary judgment bears the initial burden to show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense thereto. Civ. Proc. S 437c, subd. Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) If defendant carries this initial burden of production, the burden of production shifts to plaintiff to show that a triable issue of material fact exists. Plaintiff does this...
2023.08.03 Motion to Disqualify Attorney, for Protective Order 354
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.03
Excerpt: ...grant the motion for protective order. (Code Civ. Proc. SS 2030.090, subd. (b)(3) and 2031.060, subd. (b)(2).) Defendant shall serve responses to Form Interrogatories, Set One, Request for Production of Documents, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set Two, within 10 days of service of the minute order. To impose monetary sanctions in favor of defendant Foster Poultry Farms, LLC and against plainti...
2023.08.03 Motion to Seal 508
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.03
Excerpt: ...ments are alleged to be confidential business records that contain proprietary information on defendant's operations. Defendant additionally notes that a prior court order for protection authorizes the filing of confidential information under seal. However, "[a] record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties." (Cal. Ru...
2023.08.02 Motion to Vacate Judgment 028
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.02
Excerpt: ...ease agreement, or an assignee of the lease agreement. Thus, U.S. Bank National Association was not the real party in interest who had the right to sue on this claim. (Code Civ. Proc., S 367; Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980, 991 [noting that while the standing statute/requirement is "superficially concerned with procedural rules," application of the statute "really calls for a consideration of rights and obliga...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 711
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.02
Excerpt: ... filed evidentiary objections to 1) new evidence in defendant's reply brief; 2) portions of the Dwight Nelson Declaration filed January 18, 2023; 3) paragraph 5 of the Dwight Nelson Declaration filed June 14, 2023; and 4) portions of the Liam Gaarder-Feingold Declaration filed June 14, 2023. The court is sustaining the objection as to new evidence in defendant's reply. The court has not considered new arguments presented for the first time in def...
2023.08.02 Motion for Summary Judgment, Adjudication 482
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.02
Excerpt: ...ons in the proper format, as required by Rule of Court 3.1354. Written objections are (inter alia) to be filed separately from other papers, and quote the objectionable material and clearly state the grounds for the objections. The parties must do more than just note their objections on the Separate Statement and in the memorandums of points and authorities, as they have done here. Failure to object waives the right to challenge the court's rulin...
2023.08.02 Motion for Summary Judgment 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.02
Excerpt: ...efendants bear the burden of proving that there is a complete defense to each challenged cause of action or that plaintiff cannot establish one or more elements of each of its challenged causes of action. (Barber v. Marina Sailing, Inc. (1995) 35 Cal.App.4th 558, 562.) If that burden is met, plaintiff can defeat the motion by demonstrating a triable issue of material fact. (Martinez v. Enterprise Rent-Acar Co. (2004) 119 Cal.App.4th 46, 52-53.) I...
2023.08.02 Motion for Protective Order 484
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.02
Excerpt: ...n for protective order is denied for a number of reasons. First, the motion is procedurally improper. The motion is brought pursuant to Code of Civil Procedure section 2030.090, bringing within the scope of Local Rule 2.1.17. Plaintiff never filed a request for pretrial discovery conference. Second, the motion is untimely. A moton for protective order is to be made promptly, before the 30-day period within which to respond to the discovery. (Code...
2023.08.02 Motion for Judgment on the Pleadings 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.02
Excerpt: ...action for fraud, the fifth cause of action for conspiracy, the sixth cause of achon for declaratory relief, and the seventh cause of action for unjust enrichment. She argues that plaintiff has not stated any valid claims against her because plaintiff admits in his Third Amended Complaint that the contract that he executed with the Brays to purchase the subject property was invalid because the Brays did not have the authority to sell the property...
2023.08.02 Demurrer to FAC 938
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.08.02
Excerpt: ...ate facts sufficient to constitute a cause of acton. To sustain defendant Saint Agnes Medical Center's demurrer, with leave to amend, for failure to state facts sufficient to constitute a cause of acton. To sustain defendant Sierra Pacific Orthopedics' demurrer, with leave to amend, for failure to state facts sufficient to constitute a cause of action. Plaintiff is granted 10 days' leave to file a Second Amended Complaint. The time to file such p...
2023.08.01 Motion for Summary Judgment 162
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ...: California law makes clear that Defendant[s] had a non-delegable duty of care to maintain the subject property, including the subject window, in a safe condition. Koepnick v. Kashiwa Fudosan America, Inc. (2009) 173 Cal.App.4th 32, 35. As a general matter, "[all' landowners, including landlords, must use reasonable care to protect people who come onto their property. [Citations. [Stone v. Center Trust Retail Properties, Inc. (2008) 163 Cal.App....
2023.08.01 Motion for Summary Judgment, Adjudication 249
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ...y Judgment, or in the Alternative Summary Adjudication of its Breach of Contract Claim and Defendants' Affirmative Defenses in Case No. 20CECG01363 Defendant Wonderful Almonds Cooperative's Motion for Summary Judgment, in the Alternative Summary Adjudication of Plaintiffs' Thirty-First Cause of Action Tentative Ruling: To grant plaintiff Independent Financing Services' motion for summary adjudication of its breach of contract claim and defendant'...
2023.08.01 Motion to Compel Initial Discovery Responses, for Sanctions 109
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.08.01
Excerpt: ... Lopez and Araceli Hernandez each with Requests for Admission, Request for Production of Documents, and Form Interrogatories — General (each set one). Defendants received multiple extensions of time to respond, ultimately to May 1, 2023. Another extension of time was requested on May 3, 2023, but the further extension was not granted, as the responses were already late and multiple extensions had already been given. Plaintiff has filed motions ...
2023.08.01 Motion to Compel Arbitration 153
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.01
Excerpt: ...denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 cal.4th 394, 413-414; Hotels Nevada v. L.A. Pacific ctr., Inc. (2006) 144 cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) This case is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. S 1, et seq. Section 2 of the FAA provides for enforcement of arbitration provisions in any co...
2023.08.01 Motion to Quash Summons 939
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.01
Excerpt: ...ence to alienate her from plaintiff For convenience, the court will refer to plaintiff Erin Stratte as Erin and defendant Eric Stratte as Eric. The Complaint includes a cause of acton under the False Claims Act brought on behalf of the State of California. The claim is based on the allegation that defendants presented a false claim to the State to defraud decedent out of her CalPERS pension and medical benefits. On April 11, 2023, Eric was served...
2023.08.01 Motion to Strike (Anti-SLAPP) 294
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.08.01
Excerpt: ...serve a supplemental declaration addressing the amount of attornevs fees no later than August 2, 2023. Cross- complainant may also file a supplemental declaration and a supplemental brief no later than August 3, 2023. Any supplemental brief shall not exceed five pages. To sustain cross-defendant's evidentiary objections as to the Schwinn Declaration paragraphs 7 and 8 and the Request for Judicial Notice paragraphs 4 through 29 and Exhibits 1 thro...
2023.07.27 Motion to Dismiss for Failure to Prosecute 635
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.27
Excerpt: ... filed on March 9, 2023, for the reasons explained below, and the clerk is directed to remove "Yolanda Cardenas as Executor of the Estate of David Cardenas, Deceased" from being designated as Doe 1 in this action. Explanation: Plaintiff filed opposition to this motion very late, namely on July 17, 2023. That was only three court days before the date initially set for hearing.l The court has discretion to refuse to consider papers filed after the ...
2023.07.27 Motion for Summary Judgment, Adjudication 742
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.27
Excerpt: ... a minor. Plaintiff's father, Frank Sifuentes Jr. (decedent), reported to the emergency' department at Madera Community Hospital (MCH) on 4/15/20 in great pain and was diagnosed with a torn artery which required surgery. MCH transferred decedent to defendant Community Regional Medical Center (CRMC). CRMC discharged decedent on 4/22/20 without performing surgery. On 4/23/20 decedent was transferred to defendant Keck Hospital of USC, where died on ...
2023.07.26 Motion to Strike Answers 754
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.26
Excerpt: ... Department 403, to allow Defendants/cross-complainants' PEP Partners, LLC and UBBC Group, LLC one last chance to retain new counsel, and to file written notice of new counsel's contact information on or before Friday, September 1, 2023. If new counsel is not retained, the court intends to grant this motion in all respects. Explanation: A corporation is not a natural person, and therefore cannot appear in an action in propria persona, but instead...
2023.07.26 Demurrer to FAC, Motion to Dismiss for Failure to Prosecute 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.26
Excerpt: ...int ("FAC") on 3/13/20, alleging that during a 2015 surgical procedure a part of the coil deployment system, a 24 cm long wire fragment, was left within Zachary Costi that should have been removed during the procedure. (FAC "1 12, 15, 15.) The device was not discovered until 2/1/19. The first two causes of action are essentially for medical malpractice, asserted against treating physicians. The third is for products liability (design and manufact...
2023.07.25 Motion to Strike or Tax Costs 937
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.25
Excerpt: ...proceeding." "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., S 1032, subd. (a)(4).) Defendant was the "prevailing party" in the litigation. The court granted summary judgment in favor of the Ci...
2023.07.25 Motion to Lift Stay 274
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.25
Excerpt: ...248, 254, 57 s.ct. 163, 81 L.Ed. 153, explained, 'the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants" (St. Paul Fire and Marine Insurance Company v. AmerisourceBergen Corporation (2022) 80 Cal.App.5th 1, 13—14, citations omitted.) Also, under Code of Civil Procedure section 923, the tria...
2023.07.25 Motion to Compel Arbitration 043
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.25
Excerpt: ... claims. Explanation: In moving to compel arbitration, a defendant must prove by a preponderance of evidence the existence of the arbitration agreement and that the disputes are covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence 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.) Writte...
2023.07.25 Motion for Preliminary Injunction 771
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.25
Excerpt: ... acquires personal jurisdiction of a defendant by service of process in accordance with statutory and due process requirements. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Borsuk v. Appellate Division of Superior Court (2015) 242 Cal.App.4th 607, 612 [personal jurisdiction is conferred by service on defendant of the summons and complaintl.) Actual notice of the action alone is not a substitute for proper servi...

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