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3489 Results
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2023.01.31 Motion for Summary Judgment 609
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Excerpt: ...the original 5 UDMFs, four are undisputed between the parties and one remains in dispute, number 5. This pertains to whether the Standard of Care was met during Plaintiff's surgery. Moving Defendant's expert Dr. Tyner opined that the standard of care for Plaintiff's surgery was met by Dr. Yankey. (Statement of Evidence Exhibit 5.) Plaintiff disputes this and cites as supporting evidence the Declaration of Arthur Hill, M.D., para. 1‐13, stating ...
2023.01.31 Motion for Final Approval of Class and PAGA Settlement, for Attorney Fees 465
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Excerpt: ...amount actually paid to the class members, pursuant to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed on or before January 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: “Before final approval, the court must conduct an inquir...
2023.01.31 Demurrer 075
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Excerpt: ...mended Complaint filed August 26, 2022 for 1) Medical Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”); 2) Intentional Infliction of Emotional Distress; 3) Retaliation in Violation of FEHA; 4) Failure to Prevent Discrimination and Harassment; 5) Failure to Accommodate; 6) Failure to Engage in the Interactive Process of Accommodation; 7) Hostile Work Environment in Violation of FEHA; 8) Sex/Gender Discrimination in V...
2023.01.31 Motion for Final Approval of Class Settlement 995
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.31
Excerpt: ...Plaintiff is directed to submit a new proposed Final Order. 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. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court c...
2023.01.26 Motion to Strike, to Consolidate 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.26
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.26
Excerpt: ...n. To deny the motion to consolidate without prejudice. Explanation: Court's Motion to Strike Code of Civil Procedure section 436 provides, in relevant part, “… at any time in its own discretion, a court may grant a motion to strike … all or any part of any pleading not drawn in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure section 472 allows that, “[a] party may amend its plead...
2023.01.26 Motion to Enforce Compliance with Depostion Subpoena, for Summary Adjudication, to Bifurcate 405
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.26
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.26
Excerpt: ... for summary adjudication in its entirety. To deny the motion to bifurcate, without prejudice. Explanation: At issue in all three motions is a single inquiry by defendants Jose Olivarez and Fresno County Economic Opportunities Commission (collectively “defendants”) regarding Civil Code section 3333.4 to plaintiff Maria Benitez Perez's complaint seeking damages arising from a motor vehicle collision. Civil Code section 3333.4 provides, in pert...
2023.01.26 Motion for Summary Judgment, Adjudication 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.26
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.26
Excerpt: ... 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. (Code Civ. Proc. § 437c, subd. (o)(2). 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 ...
2023.01.26 Motion for Preliminary Approval of Class Action Settlement 196
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.26
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.26
Excerpt: ...ed class be conditionally certified for settlement purposes. The court may make an order approving or denying certification of a provisional settlement class after the preliminary settlement hearing. (Cal. Rules of Court, rule 3.769(d).) Before the court may approve the settlement, however, the settlement class must satisfy the normal prerequisites for a class action. (Amchem Products, Inc. v. Windsor (1997) 521 US 591, 625‐ 627; see also Newbe...
2023.01.26 Motion for Attorney Fees 469
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.26
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.26
Excerpt: ...5.16. On June 27, 2022, prior to the anti‐SLAPP motion being heard, plaintiff dismissed the suit with prejudice. Defendant now seeks attorney's fees. Where a defendant files a motion pursuant to Code of Civil Procedure section 425.16 and prevails, the defendant shall be entitled to recover attorney's fees and costs. (Code Civ. Proc. § 425.16, subd. (c)(1).) Where a plaintiff voluntarily dismisses a defendant, with or without prejudice, after f...
2023.01.25 Motion to Strike 945
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.25
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.25
Excerpt: ...be filed within the time allowed to respond to said pleading. (See Code Civ. Proc., § 435, subd. (b)(1).) Here, defendant's motion is not timely because it was filed after the 30 day period set forth in Code of Civil Procedure section 435 and the extension agreed to between the parties. However, this is comparable to a late filed demurrer, and the court has discretion to hear an untimely demurrer. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, ...
2023.01.25 Motion to Strike 472
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.25
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.25
Excerpt: ...al.App.2d 528. In Oliver v. The Swiss Club Tell, supra, 222 Cal.App.2d 528, 533, an unincorporated association was sued and answered, stating the answer was on behalf of the “The Swiss Club Tell,” an unincorporated association, “if any such organization exists.” (Ibid. at 533.) Plaintiff failed to appear at the hearing where summary judgment was granted to defendant. That judgment was reversed on appeal and the court held the case should ...
2023.01.25 Demurrer to SAC 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.25
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.25
Excerpt: ...o 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 North Cal Cleaning Company (NCCC) demurs to the Second Amended Complaint of plaintiff Joe Louis Pena Jr. (Pena) on the grounds that the breach of contract cause of action alleged against it in the Second Amended Complaint is barred by the exclusive remedy of workers' compensation. (C...
2023.01.24 Demurrer 487
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.24
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.24
Excerpt: ...rs to the complaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Omega and Mr. Asay demur to the first and sole cause of action for failure to pay monies due, on the ground that the complaint fails to state a claim against them. The moving parties contend that the December 19, 2018 Order adopting the November 29, 2018 Proposed Decision and Order (the “Penalty Order”), attached...
2023.01.24 Demurrer 012
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Excerpt: ...e a cause of action, without leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To overrule the demurrer of defendants California Correctional Health Care Services (CCHCS) and Tveritina to the first cause of action. To sustain the demurrer of CCHCS and Tveritina to the second cause of action, for failure to state facts sufficient to constitute a cause of action. To deny leave to amend the second cause of action as to CCHCS, but to grant leav...
2023.01.24 Motion to Compromise Minor's Claim 027
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.24
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.24
Excerpt: ...) the request that petitioner be allowed to deposit the money in a custodial account under the California Uniform Transfers to Minors Act (“CUTMA”) and 2) the request for $5,000 of the settlement to go to petitioner. While CUTMA accounts are often used by private parties as a means of giving gifts to minors, it is extremely uncommon for the court to order this in a minor's compromise situation. Petitioner has provided no basis for the court t...
2023.01.24 Motion to Compel Formation Discovery 590
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.24
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.24
Excerpt: ...ion is strictly “a matter of consent”'” and ‘ “ ‘a party cannot be required to submit to an arbitration any dispute which he has not agreed so to submit”'” (Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 252, internal citations omitted.) As a general principle, “ ‘questions about the “making of the agreement to arbitrate” are for the courts to decide unless the parties have clearly and unmistakably referred those...
2023.01.24 Motion to Grant and Strike Costs 943
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.24
Excerpt: ...ts on appeal, seeking $91.10 for Item 1 filing fees, and $1,363.68 for Item 6 “Transmitting, filing, and serving of record, briefs, and other papers.” CVC moves to tax Item 6, contending this cost is excessive and unreasonable because “[i]t is impossible to determine from the face of the Memorandum of Costs why the claimed costs are in excess of the amounts listed on the Appellate Court Register of Actions page for the case and whether the ...
2023.01.24 Motions to Dismiss 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.24
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.24
Excerpt: ...efendants' Motion to Dismiss: David Bray, Jr., and Dawn Bray move to dismiss the action against them as well as the claims against David Bray, Sr., and Robert Bray, under both the five‐year mandatory dismissal statute, Code of Civil Procedure section 583.310, and the discretionary statute for failure to prosecute the action diligently, Code of Civil Procedure sections 583.410 and 583.420. Under section 583.310, “[a]n action shall be brought t...
2023.01.19 Motion to Strike, Demurrer 939
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Excerpt: ...ended Complaint by plaintiff be filed by an attorney licensed to practice law in California. Plaintiff is granted 30 days' leave to a First Amended Complaint within the limitations above. The time in which the answer can be filed will run from service by the clerk of the minute order. To grant the Request for Judicial Notice Explanation: 1. Demurrer based on Res judicata Because there has already been Small Claims litigation and a judgment betwee...
2023.01.19 Motion to Expunge Lis Pendens 982
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Excerpt: ...ting a real property claim. (Code Civ. Proc., § 405.1.) A real property claim is an action, “which would, if meritorious, affect … title to, or the right of possession of, specific real property ….” (§ 405.4.) In addition to grounds not asserted here, a lis pendens may be ordered expunged upon a finding that the claimant cannot establish probable validity to their claim. (Code Civ. Proc., § 405.32; Defs. Points & Auth. at p. 5:13‐18....
2023.01.19 Motion to Compel Arbitration, Dismiss PAGA Representative Action 790
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.19
Excerpt: ...ompelling arbitration under both the Federal Arbitration Act and the California Arbitration Act, Code of Civil Procedure section 1281, et seq. Pursuant to California Code of Civil Procedure section 1281.2, On petition of a party 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 ...
2023.01.19 Motion to Bifurcate 363
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.19
Excerpt: ...precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action…or of any separate issue or of any number of causes of action or issues.” (Code Civ. Proc., �...
2023.01.19 Motion for Judgment on the Pleadings 982
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.19
Excerpt: ...defendant's failure to demonstrate compliance with Code of Civil Procedure section 439, subdivision (a), which requires defendant to meet and confer prior to filing a motion for judgment on the pleadings. The parties must engage in good faith meet and confer, in person or by telephone. (Code Civ. Proc. § 439, subd. (a).) The court's normal practice is to take such motions off calendar, subject to being re‐calendared once the parties have met a...
2023.01.19 Demurrers 751
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.19
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.19
Excerpt: ... fifth, sixth, eighth and ninth causes of action of the Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) In the event a timely request for oral arg...
2023.01.19 Demurrer 665
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.19
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.19
Excerpt: ...days' leave to file a first amended complaint. The time in which the complaint may be amended will run from service of the order by the clerk. All new allegations shall be placed in boldface type. Explanation: The complaint alleges two causes of action against the City of Fresno for premises liability and general negligence based on plaintiff's alleged trip on a raised section of concrete sidewalk at 9th Street and Grand Ave. in the city of Fresn...
2023.01.18 Demurrer, Motion to Strike Complaint 637
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Excerpt: ...t does not resolve the issues, defense counsel shall file a declaration, on or before February 10, 2023, stating the efforts made. Explanation: Defendant did not satisfy the requirement to meet and confer prior to filing the demurrer and motion to strike. Code of Civil Procedure sections 430.41 and 435.5 make it very clear that meet and confer must be conducted “in person or by telephone.” (Id., subd. (a) as to both.) Sending written communic...
2023.01.18 Demurrer 017
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.18
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.18
Excerpt: ...st Amended Complaint are to be set in boldface type. Explanation: Demurrer to the First Cause of Action for Breach of Contract Defendant demurs to the first cause of action for breach of contract on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action. “A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorp...
2023.01.18 Demurrer 468
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.18
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.18
Excerpt: ... file a Notice of Related Case in the Los Angeles Superior Court Case Number 20STCV33816 or submit proof that such has already been filed. Explanation: Misjoinder of Parties Code of Civil Procedure section 389 articulates when a nonparty must be joined to the action. A person is a necessary and indispensable party where 1) complete relief cannot be obtained in the nonparty's absence, 2) the nonparty claims an interest relating to the subject of t...
2023.01.18 Demurrer, Motion to Strike 660
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.18
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.18
Excerpt: ...on for failure to state facts sufficient to state a cause of action and uncertainty. (Code Civ. Proc., § 430.10, subd. (e), (f).) To sustain, with leave to amend, De La Pena's demurrer to the second cause of action for failure to state facts sufficient to state a cause of action (Code Civ. Proc., § 430.10, subd. (f).) To overrule De La Pena's demurrer to the first, fourth, fifth, sixth and eighth causes of action. To overrule FAIHP's demurrer t...
2023.01.18 Motion to Quash Deposition Subpoena 485
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.18
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.18
Excerpt: ...mez, Stella Villagomez, and All Ag., Inc., for the time period from 2006 to 2022; and transactions involving Villagomez Farms, Inc., for the time period from 2006 to 2022. To deny both parties' requests for monetary sanctions against each other. Explanation: Under Code of Civil Procedure section 1987.1, If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things befo...
2023.01.18 Motion for Summary Judgment 486
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.18
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.18
Excerpt: ... Wednesday, March 1, 2023 at 3:30 p.m. in Dept. 502. The deadline for plaintiff and defendant to file supplemental briefing is Friday, February 3, 2023. The briefs shall be no longer than ten pages in length. Explanation: “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Pr...
2023.01.18 Motion to Compel Responses, Production of Docs 064
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.01.18
Excerpt: .... Defendant Rudy Holguin is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, 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. To impose monetary sanctions in favor of plaintiff Sylvia Kissing, and against defendant Rudy Holgui...
2023.01.18 Motion to Expunge Lis Pendens, Attorney Fees 271
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Excerpt: ...ce to support the requested amount of fees and costs. (Code Civ. Proc. § 405.38.) Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The c...
2023.01.18 Motion to Bifurcate Punitive Damages 142
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.01.18
Excerpt: ...sses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to av...
2023.01.12 Special Motion to Strike, Demurrer 722
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.12
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.12
Excerpt: ...ode of Civil Procedure section 425.16, on the ground it is a strategic lawsuit against public participation (SLAPP) action. To grant defendant's request for attorney's fees and costs, in the amount of $1,800 in fees and $503 in costs. (Code Civ. Proc. § 425.16, subd. (c)(1).) Plaintiff shall pay fees and costs to defendant within 30 days of the date of service of this order. To overrule defendant's demurrer as moot in light of the ruling on the ...
2023.01.12 Motion for Preliminary Approval of Class Settlement 685
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.12
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.12
Excerpt: ... at 3:30 p.m. in Dept. 502 Explanation: 1. Fair, Adequate, and Reasonable Settlement The court “bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent merit of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary responsibility as guardians of the rights of the abs...
2023.01.12 Motion for Preliminary Approval of Class Settlement 618
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.12
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.12
Excerpt: ..., 2023 at 3:30 p.m. in Dept. 502 Explanation: 1. Fair, Adequate, and Reasonable Settlement The court “bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent merit of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary responsibility as guardians of the rights of t...
2023.01.11 Motion for Summary Adjudication 546
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.11
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.11
Excerpt: ...t”) is a Little Caesars Pizza franchisee. Tenant assumed a lease entered into on August 18, 2003 for 1,265 square feet in Landlord's retail shopping center. The Lease includes the following provision at Section 26.09: … at any time during the term of this Lease, upon at least thirty (30) days prior written notice to Tenant (“Notice of Relocation”), Landlord may require Tenant to relocate to another leased space within the Shopping Center ...
2023.01.11 Demurrer to FAC 056
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.11
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.11
Excerpt: ...The new amendments shall be in bold print. Should plaintiff elect not to amend, defendants shall file responsive pleadings within twenty (20) days from the date of this order. The demurrer is overruled in all other respects. Explanation: In deciding a demurrer, the test is whether the plaintiff has succeeded in stating a cause of action ‐ the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving...
2023.01.11 Motion to Deem RFAs Admitted, for Monetary Sanctions 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.11
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.11
Excerpt: ...admitted and compelling defendant's responses to plaintiff's Form Interrogatories, Set One, and Request for Production of Documents, Set One. The requests for monetary sanctions made by both parties are denied. Explanation: Notice Defects: Proof of service by mail may be made by either an affidavit or certificate “setting forth the exact title of the document served and filed in the cause…” (Code Civ. Proc., §1013a, subds. (1)‐(4), empha...
2023.01.11 Motion to Strike 121
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.11
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.11
Excerpt: ...tween the parties. (Code Civ. Proc., § 452.) The allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) As an initial matter, the court notes that, notwithstanding the breadth of the request stated in the Notice of Motion, defendant's memorandum of points and authorities only actually makes arguments regarding the request to strike the prayer for punitive dama...
2023.01.10 Motion to Require Undertaking 277
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.10
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.10
Excerpt: ...file an undertaking, in the amount of $50,000, under Code of Civil Procedure section 1030. Section 1030, subdivision (a), states, When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action o...
2023.01.10 Motion to Quash Subpoena 201
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.10
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.10
Excerpt: ...n to quash a subpoena requiring production of documents. If a subpoena requires … the production of books, documents, or other things … at the taking of a deposition, the court, upon motion … may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriat...
2023.01.10 Motion for Protective Order, to Compel Production of Docs 389
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.10
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.10
Excerpt: ...isappropriated. (Code Civ. Proc. § 2019.210.) Plaintiff is ordered to file a notice of compliance 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. To deny plaintiff's motion for an order compelling responses to request for production of documents. (Coder Civ. Proc. § 2031.300.) Explanation: Defendants' Motion for Protective Order Defendants seek a protective order directing ...
2023.01.10 Motion for Monetary and Terminating Sanctions 699
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.10
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.01.10
Excerpt: ...bid.) Defendant shall pay sanctions to plaintiff's counsel within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 1281.97, subdivision (a), “In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees...
2023.01.10 Demurrer to TAC 429
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.10
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.10
Excerpt: ... has succeeded in stating a cause of action – the court does not concern itself with the issue of the plaintiff's possible difficulty or inability in proving the allegations of their complaint. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572; Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) The complaint is liberally construed, which “means that the reviewing court draws inferences favorable to the plaintiff, not the defendant...
2023.01.10 Demurrer 008
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.10
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.10
Excerpt: ...h respect to the second cause of action, this motion addresses the sufficiency of the first cause of action for intentional infliction of emotional distress. The elements of a cause of action for intentional infliction of emotional distress (“IIED”) are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering sever...
2023.01.05 Motions to Deem RFAs Admitted 900
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.05
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2023.01.05
Excerpt: ... and $285 against defendant Surinder Kaur Sandhu, payable within 30 days of the date of service of this order. The matters specified in plaintiff's Requests to Admit (Set Two) propounded on defendant Devinder Sihota and defendant Surinder Kaur Sandhu, are deemed admitted, unless defendants serve, before the hearing, proposed responses to the requests that are in substantial compliance with Code of Civil Procedure section 2033.220. Explanation: Fa...
2023.01.05 Motion to Quash Subpoenas for Medical Records 798
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.05
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.05
Excerpt: ...ed in time and to records for only the body parts/issues of which plaintiff complains. Plaintiff appears to have placed every conceivable form of economic recovery at issue in her Complaint. In her Complaint, page 3, at paragraph 11, every box is checked for damages and plaintiff adds: “ALL ECONOMIC AND NON‐ECONOMIC DAMAGES KNOWN AND UNKNOWN TO PLAINTIFF AT THIS TIME, BUT SUBJECT TO PROOF AT THE TIME OF TRIAL; PLUS STATUTORY INTEREST.” Both...
2023.01.05 Motion to Quash Service of Summons 767
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.05
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.01.05
Excerpt: ...fendants Carolina Transportation, Inc., Carolina Logistic, Inc., and Dispatch & Services, Inc. (collectively “Carolina defendants”) move to quash service of summons for lack of personal jurisdiction over them. The Carolina defendants are each incorporated in the State of North Carolina and each has its principal place of business in North Carolina. (Hoover Decl., ¶ 3.) Additionally, the Carolina defendants have no offices or employees in Cal...