Search

Array
(
)

3489 Results

Location: Fresno x

Array
(
)

SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 223))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 50,50

Array
(
)

2024.05.29 Motion to Compel Arbitration 129
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.29

Excerpt: ... pa rty to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist f...

2024.05.29 Demurrer, Motion to Strike 454
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.29

Excerpt: ...Dem urrer: Defendant GM has argued that the ﬁfth cause of action fails to state facts sufficient to constitute a cause of action for fraud because plaintiff has failed to plead speciﬁc facts to support the elements of his claim, including who made the misrep resentations, their authority to speak, when the misrepresentations were made, by what means they were made, and how plaintiff relied on the representations and was damaged by them. (Tarm...

2024.05.29 Demurrer, Motion to Strike 781
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.29

Excerpt: ...on and George Ritchie are directed to ﬁle an Answer within 10 days of service of the minute order by the clerk. Explanation: Demurrer On March 1, 2023, plaintiff JHS Family Limited Partnership, DBH Family Limited Partnership, and JCH Family Partnership (collectively “Plaintiffs”) ﬁled an original complaint for four causes of action against defendant Millerton Lake Mobilehome Village Association and George Ritchie (collectively “Defendan...

2024.05.23 Motion to Compel Arbitration and Stay Proceedings 628
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.23

Excerpt: ...ty the reto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbi tration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or...

2024.05.23 Motion for Terminating Sanctions 228
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.23

Excerpt: ... ion: Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a moti on to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further m...

2024.05.23 Motion for Judgment on the Pleadings 382
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.23

Excerpt: ...tion 438, subdivis ion (c)(1)(B)(ii). Defendant submits that the second cause of action fails to state sufficient facts on three grounds: (1) as a public entity, it is immune from direct common law claims; (2) as a public entity, it cannot be held vicariously liable for its employees when it was the actor, not the employees; and (3) the claim is not sufficiently particularly pled. A motion for judgment on the pleadings has the same function as a ...

2024.05.23 Motion for Final Approval of Class Settlement 104
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.23

Excerpt: ...ed to submit a new proposed order. To set a status conference for Thursday, December 5, 2024, 3:30 p.m. in Department 403. Explanation: 1. Class Certiﬁcation The court has already granted the motion for preliminary approval and certiﬁcation of the class an d found that the class is sufficiently numerous and ascertainable to warrant certiﬁcation for the purpose of approving the settlement. There is no reason for the court to reconsider its d...

2024.05.23 Motion for Attorney Fees and Prejudgment Interest 240
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.23

Excerpt: ...ure and mode of comp ensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties . . ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." The Rental Agreement between the parties...

2024.05.23 Demurrer, Motion to Strike 837
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.23

Excerpt: ..., Inc. , shall ﬁle and serve a First Amended Complaint within 10 days of the date of service of this order by the clerk. All new allegations shall be in boldface. Explanation: Plaintiff FFF Enterprises, Inc. (“Plaintiff”) ﬁle an original Complaint stating four causes of action for: (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit based on the failure to pay for electrical components. Demurrer Defen...

2024.05.23 Demurrer, Motion to Stay 714
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.23

Excerpt: ...arty is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendant. Explanation: Defendant Michelle Evans demurs on the basis that the complaint ﬁled by plaintiff Nationwide Insurance Company of America (“Nationwide”) fails to state fact sufficient to state a cause of action, improperly omits a necessary defendant, and that there is another action p...

2024.05.22 Motion for Attorney Fees 880
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...der. If or al argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: A prevailing buyer in an action under the Song –Beverly Act “shall be allowed by the court to recover as part of the judgment a sum equal t o the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer ...

2024.05.22 Demurrer 052
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.22

Excerpt: ...of Ca lifornia, acting by and through the State Public Works Board (the Board, together the State) and The California High -Speed Rail Authority (the Authority, together Plaintiffs) ﬁled this action against six related captioned defendants (Defendants) alleging eight causes of action to recover funds mistakenly paid to Defendants in 2017. Defendants now demur, claiming the ﬁrst six claims are barred by the applicable statute of limitations an...

2024.05.22 Demurrers to SAC 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.22

Excerpt: ...enth and eight h causes of action, without leave to amend. To overrule Martinez Accounting, Inc.'s (“MAI”) demurrers. (Code Civ. Proc., § 430.10, subd. (e).) Defendants shall ﬁle their answers to the Second Amended Complaint (“SAC”) within 10 days of service of the order by the clerk. Explanation: RVJ's Demurrer First Cause of Action for Breach of Contract “A cause of action for breach of contract requires proof of the following elem...

2024.05.22 Motion for Approval of Settlement 618
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...ill b e entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: 1. Introduction “The superior court shall review and approve any settlement of any civil action ﬁled pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to...

2024.05.22 Motion for Attorney Fees 299
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.22

Excerpt: ...xc ept as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) “Thus, u nder 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. M...

2024.05.22 Motion to Compel Arbitration and Stay Proceedings 568
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...il Installment Sale Contract. To stay this action and the remaining claims against the remaining parties pending the completion of arbitration. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanati on: In moving to compel arbitration, defendants must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The...

2024.05.22 Motion for Summary Judgment 895
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.22

Excerpt: ...mmary judgment is granted when there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.'” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail in a motion for summary ju dgment, it is defendant's burden to prove there is a complete defense or that plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina...

2024.05.22 Motion for Summary Judgment, Adjudication 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ... Contr eras. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: Evidentiary Objections Evidentiary objection numbers 1 through 3 and 5 through 7, wherein defendant objects to the articles and excerpts of various construction and building standards attached as exhibits to the declaration of Zachary M. Moore, PE, DFE, CXFT, are sustained for lack of foundation. In evidentiary o...

2024.05.22 Motion to Compel Arbitration 847
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...rings a purp orted wage and hour class action against his former employer on behalf of himself and all others similarly situated. Defendant now seeks an order compelling plaintiff to private arbitration of his individual claims, and dismissal of the class claims. A tr ial court is required to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc., § 1281.2.) However, th...

2024.05.22 Motion to Compel Arbitration and Stay Proceedings 394
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.22

Excerpt: ...he acti on pending 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 con...

2024.05.22 Motion to Enforce Settlement Agreement 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.22

Excerpt: ...s i n the total amount of $2,499.90, payable within 10 days of the date of this order, with the time to run from the service of this minute order by the clerk. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3: 30 p.m.). Explanation: Code of Civil Procedure section 664.6 provides, in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presen...

2024.05.21 Demurrer 581
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ...to the Com plaint ﬁled August 25, 2023, plaintiff suffered personal injury on May 3, 2021. Accordingly, the two -year statute of limitations applies (Code Civ. Proc., § 335.1), and expired May 3, 2023. The Complaint clearly was not ﬁled within two years of the injur y. “A demurrer on the ground of the bar of the statute of limitations lies where it “appear[s] clearly and affirmatively that, upon the face of the complaint, the right of ac...

2024.05.21 Motion for Preferential Trial Setting 947
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ...all g rant if the court makes both of the following ﬁndings: (1) The party has a substantial interest in the action as a whole. (2) 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), paragraph breaks omitted.) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days fr...

2024.05.21 Motion for Preliminary Approval of Class Action Settlement 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.21

Excerpt: ...the court assesses the action for certiﬁcation for settlement purposes. (Cal. Rules of Court, rule 3.769(d); Amchem Products, Inc. v. Windsor (1997) 521 US 591, 625- 627.) Because this class action has already been certiﬁed, the court need not address this issue. Settlement Approval “[I]n the ﬁnal analysis it is the Court that bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and ...

2024.05.21 Motion for Preliminary Approval of Class Settlement 039
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.21

Excerpt: ...cati on of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the ﬁnal approval hearing; the notice to be given to the class; and any oth er matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certiﬁed the action as a class action, not...

2024.05.21 Motion for Summary Judgment, Adjudication 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ...) In movi ng for summary judgment, a “defendant … has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action … cannot be established, or that there is a complete defense to the cau se of action.” (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff Fresno Community Hospital and Medical Center, d/b/a Community Health System (“CMC”) alleges two causes o...

2024.05.21 Petition to Permit Late Claim 477
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.05.21

Excerpt: ... fails to ﬁle a timely claim, a “written application may be made to the public entity for leave to present such claim.” Plaintiff made such an application to the Fresno Housing Authority (“FHA”), but the application was denied. The court can only grant relief t o present a late claim if the application was made within a reasonable time not to exceed one year from the actual date of the cause of action. (Gov. Code, § 911.4, subd. (b).) ...

2024.05.21 Motion for Summary Adjudication 514
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.21

Excerpt: ...tled to disgor gement from defendants of the $52,017.90 paid to defendants. Explanation: Pursuant to Code of Civil Procedure section 437c, subdivision (f), plaintiffs seek summary adjudication of the ﬁrst cause of action for Violation of Contractor License Law – Contra cting Without a License. Plaintiffs seek disgorgement of all sums paid to defendants for construction work requiring a contractor's license, the sum of $50,295.51. The motion w...

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 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 ...

2024.05.16 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 Motion for Preferential Trial Setting 481
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16

Excerpt: ...eference, which the court shall grant if the court makes both of the following ﬁndings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interes t in the litigation. (Code of Civ. Proc., § 36, subd. (a), emphasis added.) The intent behind the provision of a preferential trial setting is to “safeguard litigants who qualify u...

2024.05.16 Motion for Reconsideration 160
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16

Excerpt: ... bring a motion to reconsider, and a different order may be entered, if, subject to the following conditions, the motion is: 1. brought before the same judge that made the order; 2. made within 10 days after service upon the party of notice of the entry of the o rder; 3. based on new or different facts, circumstances, or law; and 4. made and decided before entry of judgment. “[F]acts of which the party seeking reconsideration was aware at the t...

2024.05.16 Motion for Leave to File Amended Complaint 306
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16

Excerpt: ...November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (“Plaintiff”) ﬁled the operative Third Amended Complaint (“TAC”). The TAC states three causes of action: (1) preliminary and permanent injunctive relief; (2) petition for writ of mandamus as to defendants California Department of Human Resources and Eraina Ortega (collectively “Defendants”); and (3) petition for writ ...

2024.05.16 Motion for Summary Judgment 721
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16

Excerpt: ...e and such inferences ' in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richﬁeld Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) In making this determination, courts usually follow a three -prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determinin...

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 to Compel Responses, for Terminating Sanctions 267
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.16

Excerpt: ...off cale ndar due to the automatic bankruptcy stay against indispensable party, Joshua O'Bannon. Explanation: A Notice of Stay Proceedings due to ﬁling of bankruptcy was ﬁled as to defendant Joshua O'Bannon. The case is stayed as to the bankrupting defendant. ( 11 U.S.C. § 362; Wekell v. U.S. (9th Cir. 1994) 14 F.3d 32, 33.) Here, the Motion to Compel Initial Responses to Request for Production of Documents, Set Two, made against defendant O...

2024.05.16 Motion to Disqualify Counsel 521
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16

Excerpt: ...50-851.) Explanation: The court may disqualify an attorney based upon a conﬂict of interest on the motion of another party. (Code Civ. Proc., § 128, subd. (a)(5); In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 585; see also Cal. Rules Prof. Cond., rule 1.9(a).) There is sufficient evidence presented for the court to ﬁnd that Anthony Werbin (“Werbin”) is disqualiﬁed from representing plaintiff in this matter. His own decla...

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 Stay Proceedings 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.16

Excerpt: ...ure sect ion 916, subdivision (a), “[e]xcept as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or ord...

2024.05.15 Motion to Quash Subpoenas for Medical Records 950
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15

Excerpt: ...unity Regional Medical Center (Radiology) 4. Community Regional Medical Center (Billing) 5. Central California Faculty Medical Group 6. Accident Recovery Center (Medical/Radiology) 7. Accident Recovery Center (Billing) 8. Central California ENT Medical Group 9. Precise Imaging 10. Jonathan D. Caldwell, M.D. 11. Ali Najaﬁ, M.D. 12. Ali Najaﬁ, M.D. (Billing) 13. 3H Medical Group, Inc. 14. California Heart Medical Associates To award monetary sa...

2024.05.15 Motion for Summary Judgment of FAA, Adjudication 225
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15

Excerpt: ...tively "Plaintiffs") seek summary judgment or, in the alternative, summary adjudication of the twenty-three affirmative defenses of the February 21 , 2023 Amended Answerl by defendants Joginder Singh, M.D., and Mandeep Singh, M.D.(collectively"Defendants").2 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...

2024.05.15 Motion for Relief from Discovery Order 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.15

Excerpt: ...al discov ery conference. The court sets a pretrial discovery conference on June 14, 2024 at 10:30 a.m., in Department 503. Should plaintiff fail to participate in this conference or fail to agree to extend defendants' motion ﬁling deadline, the court intends to re instate its August 4, 2023, order. Explanation: Pursuant to Code of Civil Procedure section 473, subdivision (b) (“473(b)”), plaintiff seeks relief from the court's order entered...

2024.05.15 Demurrer 985
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.15

Excerpt: ...on; and to sustain general demurrers to the sixth, seventh, eleventh, thirteenth causes of action, without leave to amend. Matthew Graney shall ﬁle his answer to the SAC within 10 days of service of the order by the clerk. Explanation: Special Demurrers As to cause s of action 1-3, 6, and 8 -14, Graney argues that the SAC is uncertain in that it fails to identify the parties affected thereby. Graney cites to Williams v. Beechnut Nutrition Corp....

2024.05.14 Motion to Compel Arbitration and Stay Action 199
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14

Excerpt: ...d Amy Co rpus, an individual, move for an order compelling arbitration under the Federal Arbitration Act (“FAA”), and request to stay the action pending arbitration. Pursuant to the FAA, A written provision in … a contract evidencing a transaction involving commerc e 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, irre...

2024.05.14 Motion to Compel Arbitration 792
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.14

Excerpt: ...pute r esolution. To this end, ‘arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) In essence, “[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidenc...

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 Motion for Summary Judgment, Adjudication 250
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ...or disclosu res regarding a real estate transaction and that she failed to properly disclose information about the property. (First Amended CrossComplaint, ¶¶ 10 -13.) It is undisputed that Casa Robles Realty, and its agent Luis Altamirano, represented plaintiff Ben ito Cano -Perez in a real estate transaction involving the subject property. (UMF No. 1.) CVI Group, LLC was the seller of the subject property and was represented by All State Home...

2024.05.14 Motion for Preliminary Injunction 076
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ... Orchards , Inc. (“Defendant”). The veriﬁed Complaint states four causes of action: (1) breach of contract; (2) foreclose on producer's lien; (3) recovery of statutory late charges; and (4) constructive trust. Plaintiffs seek to enjoin Defendant from: (1) selling o r removing from this state or beyond Defendant's control, any 2021 crop almonds or processed product therefrom that were delivered to Defendant by Plaintiffs, unless the proceeds...

2024.05.14 Motion for Judgment on the Pleadings 769
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.14

Excerpt: ...ion Here, defendants have defects in their veriﬁcations. Code of Civil Procedure section 2015.5 governs veriﬁcations. A veriﬁcation requires a recitation that 1) it is certiﬁed or declared by the person 2) to be true under penalty of perjury, 3) is subs cribed by the person, and 4) if executed in California, states the date and place of execution or 5) if executed at any place, within or without this state, states the date of execution an...

3489 Results

Per page

Pages

1
2
3
4
5
6
7
8
9
10
...70

The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!