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3489 Results
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2022.11.30 Motion to Compel Arbitration and Dismiss 851
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.30
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.30
Excerpt: ...Plaintiff brings a single cause of action under PAGA on behalf of himself and all aggrieved employees under Labor Code section 2698 et seq. Defendant now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to dismiss the representative portion of the PAGA claim brought on behalf of all aggrieved employees. Motion to Compel Arbitration A trial court is required to grant a motion to compel arbitration ...
2022.11.30 Demurrer to FAC, Motion to Strike 637
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.30
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.30
Excerpt: ... the motion to strike the “but not limited to” language. Plaintiffs are to file a Second Amended Complaint consistent with this ruling. Such pleading shall be filed within 10 days from the date of service of the minute order. Caltrans shall file its Answer to the Second Amended Complaint no later than 10 days after service of the Second Amended Complaint on it. Explanation: There are differences in the named plaintiffs from the original Compl...
2022.11.30 Application for Default Judgment 160
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.30
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.30
Excerpt: ...lanation: Defendants have admitted to liability by allowing their default to be entered, so liability is not an issue. (Morehouse v. Wanzo (1968) 266 Cal.App.2d 846, 853 [by defaulting, defendants admit liability for the debt or obligation on all well pleaded causes of action].) However, default does not admit that the amount prayed for is the proper amount. (Brown v. Superior Court (1966) 242 Cal.App.2d 519, 526.) Damages must be proved up with ...
2022.11.30 Motion for Summary Judgment, Adjudication 901
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.30
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.30
Excerpt: ...he entire complaint. (Code Civ. Proc., § 437c.) CRMC shall submit a proposed judgment consistent with the court's order within 10 days of the date of service of this order. Explanation: CRMC moves for summary judgment or adjudication of plaintiff's medical malpractice/wrongful death claim on the ground that it did not breach the standard of care. CRMC has presented the declaration of its expert, Dr. Gary W. Steinke, M.D., who opines that CRMC's ...
2022.11.30 Motion for Relief 355
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.30
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.30
Excerpt: ...ll, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any … resulting … dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.�...
2022.11.30 Demurrer, Motion to Strike FAC 062
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.30
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.30
Excerpt: ...rrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545) The truth of the facts alleged in the complaint are assumed true as well as the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University of California (2008) 2 Cal.4th 876, 883; see also Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1168 [actual relianc...
2022.11.29 Motion to Strike 610
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.29
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.29
Excerpt: ...ancing while dancing and drinking in violation of Newsom's orders”) and the allegations in the first sentence in paragraph 23, on page 6, lines 7‐9 (“El Bukanas was operating in violation of the Blueprint for a Safer Economy, in that the business was allowing indoor and outdoor seating, failing to enforce social distancing and allowing patrons to order alcohol without ordering food”) are stricken. The motion to strike the remaining allega...
2022.11.29 Motion for Leave to File Amended Complaint 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29
Excerpt: ...g or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a 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 be just, an amendment to any pleading or proceeding in other particulars...” “‘Code of Civil Procedure section 473, whi...
2022.11.29 Motion for Final Approval of Class Settlement, Enhancement Payment, Attorney Fees 418
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29
Excerpt: ... 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. The parties are ordered to file a declaration from the administrator as to the payout and amount of uncashed checks no later than October 17, 2023. As required by California Rules of Court, rule 3.771(b), notice of the judgment is to be given to the class. Notice may be given by an insert with the se...
2022.11.29 Demurrer 957
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29
Excerpt: ...order. Explanation: Defendants Zisha Lipschutz and Esti Lipschutz demur generally and specially to the tenth through fifteenth causes of action1 , contending that there are no facts alleged to show these individual defendants are the alter egos of entity defendants Eminence Healthcare Services, LLC (EHS) and Centuri Health Ventures, LLC (Centuri) and that these causes of action are uncertain because they are pled against “all defendants” but ...
2022.11.17 Demurrer 280
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Excerpt: ...erk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. Explanation: General Demurrer As a threshold matter, “to state a cause of action against a public entity, every fact material to the existence of its statutory liability must be pleaded with particularity.” (Peter W. v. San Francisco Unified Sch. Dist. (1976) 60 Cal.App.3d 814, 819.) In addition, a party may file a general ...
2022.11.17 Motion for Preliminary Approval of Class Settlement 641
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Excerpt: ...nc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. Th...
2022.11.17 Motion to Determine Credit for Settlement Payment, for Prejudgment Interest, for Attorney Fees, to Strike or Tax Costs 651
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Excerpt: ...ntractors Indemnity Company (“ACIC”). The entirety of ACIC's $47,000 settlement is credited to defendant Bank of Stockton (“Bank”). (2) To grant plaintiff's motion for prejudgment interest in the sum of $16,013.28. (3) To grant plaintiff's motion for attorney fees in the sum of $157,382.50. (4) To grant the Bank's motion to tax costs claimed by plaintiff in the sum of $5,125.71, reducing the recoverable costs to $4,571.67. Explanation: Th...
2022.11.17 Motion to Tax Costs 440
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.17
Excerpt: ...expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) “‘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 tha...
2022.11.17 Special Motion to Strike 449
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.17
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.17
Excerpt: ...ss nonmeritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute: first, the court decides whether defendant has made a threshold showing that the challenged...
2022.11.16 Motion for Bond Setting 606
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.16
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.16
Excerpt: ...9. Code of Civil Procedure section 529, subdivision (a) provides, in relevant part: On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Damages wh...
2022.11.16 Motion for Summary Judgment 620
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.16
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.16
Excerpt: ...nts are directed to submit to this court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: In this action, plaintiff Los Arboles Family Apartments, LP (“Los Arboles”) seeks to invalidate and enjoin defendants from utilizing an easement created in 2007 burdening Los Arboles and benefitting the neighboring property. The easement, referred to as the Access Agree...
2022.11.15 Motion to Strike Complaint 151
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.15
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.15
Excerpt: ...der (1990) 217 Cal.App.3d 1509, 1512; see also Rev. & Tax. Code, § 23305.5, subd. (a)(2).) In addition, “a plea of lack of capacity of a corporation to maintain an action by reason of a suspension of corporate powers for nonpayment of its taxes ‘is a plea in abatement which is not favored in law, is to be strictly construed, and must be supported by facts warranting the abatement' at the time of the plea.” (Traub Co. v. Coffee Break Servic...
2022.11.15 Demurrers 271
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.15
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.15
Excerpt: ...action, with leave to amend. (Code Civ. Proc., § 430.10, subd. (e), (f).) To overrule the demurrer to the fifth cause of action. To sustain the demurrer of defendant City of Fresno (“City”) to plaintiff's third, fourth, and sixth causes of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff shall serve and file its first amended complaint within...
2022.11.10 Motion to Set Aside Default 386
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.10
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.10
Excerpt: ...ubdivision (b).1 On application, the court may, on any terms as may be just, relieve a party from a default taken against it due to mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) In order to obtain relief under Code of Civil Procedure section 473, the party's application for relief, among other things, “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, othe...
2022.11.10 Motion for Terminating Sanctions 703
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.10
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.10
Excerpt: ... than 20 court days from the date of this order, with the 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 discovery” 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, continued failure to respond or inadequ...
2022.11.10 Motion for Summary Judgment, Adjudication 645
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.10
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.10
Excerpt: ...applicable summary judgment framework is well explained in Featherstone v. Southern California Permanente Medical Group (2017) 10 Cal.App.5th 1150: “In an employment discrimination case, an employer may move for summary judgment against a discrimination cause of action with evidence of a legitimate, nondiscriminatory reason for the adverse employment action. [Citation.] A legitimate, nondiscriminatory reason is one that is unrelated to prohibit...
2022.11.10 Motion for Summary Judgment 949
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.10
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.10
Excerpt: ... condition, and in any event defendants had no actual or constructive notice of the unsafe condition to create a duty that defendants thereon breached.1 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. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in considerat...
2022.11.10 Motion for Preliminary Approval of Class Settlement 863
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.10
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.10
Excerpt: ...rt 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 Newberg, Newberg and Rubenstein on Class Actions (Westlaw, 2017) Section 7...
2022.11.10 Demurrer, Motion to Strike 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.10
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.10
Excerpt: ...plaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Demurrer Defendant‐attorney demurs to plaintiff's sole cause of action for legal malpractice on the grounds that the Third Amended Complaint (“TAC”) fails to state facts sufficient to constitute a cause of action and the pleading is uncertain. Objections that a complaint is ambiguous or uncertain, or that essential facts ap...
2022.11.09 Motion for Attorney Fees 977
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.09
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.09
Excerpt: ...�[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ....
2022.11.09 Motion to Compel Further Responses 167
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.09
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.09
Excerpt: ...sponses to Special Interrogatories, Set One, as to Requests Nos. 14, 40‐45, and 53. To order GM to provide further responses to Request for Production of Documents, Set One, as to Requests Nos. 1, 6‐9, 15, 16, 24, 25, and 27. To deny the motion as to Request for Production of Documents, Set One, as to Requests Nos. 3, 17, 31 and 33. GM shall serve verified supplemental responses without objections within 20 days of the date of the service of ...
2022.11.09 Motion to Bifurcate Issues for Trial 183
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.09
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.11.09
Excerpt: ... 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 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 a...
2022.11.08 Motion to Consolidate 737
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.08
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.08
Excerpt: ...ctions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The purpose for consolidation is to promote trial convenience and economy by avoiding duplication of procedure particularly in t...
2022.11.08 Motion for Summary Judgment, Adjudication 720
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.08
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.08
Excerpt: ...order consistent with the court's summary adjudication ruling. Explanation: Summary Judgment/Adjudication A motion for summary judgment is generally directed toward an entire action or pleading. (Code of Civ. Proc., §437c, subd. (a).) By comparison “[a] party may move for summary adjudication as to one or more causes of action within an action ….” (§ 437c, subd. (f)(1).) In addition, “[a] motion for summary adjudication shall be granted...
2022.11.08 Motion for Summary Judgment, Adjudication 396
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.08
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.08
Excerpt: ...ion In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, courts usually follow a three‐prong analysis: identifying the issues as fra...
2022.11.08 Motion for Attorney Fees, to Tax Costs 887
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.08
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.08
Excerpt: ...t al. for Attorneys' Fees and Costs by Plaintiff Westlands to Tax Memorandum of Costs Filed by Defendant North Coast River Alliance Tentative Ruling: To grant the motion of defendants County of San Joaquin and County of Trinity for an award of attorneys' fees against plaintiff Westlands Water District (Westlands) in the amount of $197,163.75. To grant the motion of defendants California Water Impact Network (CWIN) et al. for an award of attorneys...
2022.11.08 Motion to Deem RFAs Admitted, for Sanctions 456
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.08
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.08
Excerpt: ...tial responses to Form Interrogatories, Set Two from plaintiff Ericka Lollis; and request for sanctions Tentative Ruling: To grant the motion seeking an order deeming the truth of matters specified in the Requests for Admission, Set Two established pursuant to Code of Civil Procedure section 2033.280, subdivision (b) against plaintiff Reginald Robinson unless responses in substantial conformity with Code of Civil Procedure section 2033.220 are se...
2022.11.03 Motion for Summary Judgment, Adjudication 692
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.03
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.03
Excerpt: ...judgment. To deny summary adjudication of issues one, two, three and four. To grant summary adjudication of issue five. (Code of Civ. Proc., § 437c, subd. (f).) 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., §437c, subd. (c).) Summary adjudication is the proper mechanism for challenging a particular “c...
2022.11.03 Motion for Judgment on the Pleadings 511
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.03
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.03
Excerpt: ...p. (1998) 67 Cal.App.4th 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735 [“‘motion for judgment on the pleadings is equivalent to a demurrer'”].) Accordingly, a defendant is entitled to a judgment on the pleadings where the plaintiff's complaint shows, on its face, that its causes of action are barred by an applicable statute of limitations. (Hunt v. County of Shasta (1990) 225 Cal.App.3d 432, 440; see also Commi...
2022.11.03 Motion for Preliminary Approval of Class Settlement 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.03
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.03
Excerpt: ...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 Newberg, Newberg and Rubenstein ...
2022.11.03 Motion for Terminating Sanctions 592
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.03
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.03
Excerpt: ...en (7) days of the date of service by the clerk of this order, a proposed judgment dismissing this action as to them. The court denies defendants' additional request for monetary sanctions. Explanation: Code of Civil Procedure section 2023.010, subdivision (g) construes “[d]isobeying a court order to provide discovery” to be a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery pr...
2022.11.03 Motion to Compel Arbitration and Dismiss 250
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.03
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.03
Excerpt: ... dismiss the representative portion of the PAGA claim. Explanation: Notice of Joinder Defendant Aerotek, Inc. (“Aerotek”) seeks an order compelling plaintiff to private arbitration of his wage and hour claims and his PAGA claim as an individual, and to dismiss the representative portion of the PAGA claim brought on behalf of all aggrieved employees. A notice of joinder to join in Aerotek's motion was filed by DMM Packaging, Inc. (“DMM”) o...
2022.11.03 Motion to Compel Further Responses 284
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.03
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.03
Excerpt: ...nd 20 of plaintiff's Request for Production of Documents, set one within twenty (20) days from the date of this order. To grant the request for monetary sanctions in the amount of $2,560, payable no later than twenty (20) court days from the date of this order, with the time to run from the service of this minute order by the clerk. Explanation: Discovery requests are generally afforded liberal construction. (See Code of Civ. Proc., § 2017.010; ...
2022.11.03 Motion to Require Vexatious Litigant to Post Security 965
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.03
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.03
Excerpt: ...stayed until plaintiff proffers proof that he has posted the security as ordered. (Code Civ. Proc. § 391.6.) If plaintiff fails to post security within 30 days as ordered, the court will dismiss the action upon an ex parte application by defendants. (Code Civ. Proc. § 391.4.) Explanation: “The vexatious litigant statutes were created to curb misuse of the court system by those acting in propria persona who repeatedly file groundless lawsuits ...
2022.11.02 Motion to Compel Arbitration and Dismiss PAGA Claim 851
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.02
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.02
Excerpt: ...laintiff brings a single cause of action under PAGA on behalf of himself and all aggrieved employees under Labor Code section 2698 et seq. Defendant now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to dismiss the representative portion of the PAGA claim brought on behalf of all aggrieved employees. Motion to Compel Arbitration A trial court is required to grant a motion to compel arbitration �...
2022.11.02 Motion for Summary Judgment, Adjudication 742
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.02
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.02
Excerpt: ...y department at defendant Madera Community Hospital (MCH) on April 15, 2020 in great pain and was diagnosed with a torn artery which required surgery. Decedent was subsequently transferred to a couple other medical facilities, but passed away on April 24, 2020. Plaintiff alleges that MCH negligently failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for decedent. As the moving party, a defen...
2022.11.02 Motion for Summary Judgment, Adjudication 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.02
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.11.02
Excerpt: ...t, or in the alternative summary adjudication. (Ibid.) Defendant shall submit a proposed judgment consistent with this court's order within 10 days of the date of service of the order. Explanation: First, to the extent that plaintiffs have moved for summary adjudication of their first cause of action under an unjust enrichment theory, the motion has been improperly brought because the court has already ruled that plaintiffs cannot state a claim a...
2022.11.02 Motion for Summary Judgment 596
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.02
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.02
Excerpt: ...f the accident, or on any other date. Therefore, she contends that plaintiff Felix Guevara, who was a passenger in the car and who was injured when Ibrahim allegedly drove the car in a negligent manner and caused it to roll over, cannot recover against her under a negligent entrustment theory or under the vehicle owner liability statute, Vehicle Code section 17150. Under Vehicle Code section 17150, “[e]very owner of a motor vehicle is liable an...
2022.11.02 Demurrer, Motion to Quash or Modify Subpoena 008
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.02
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.11.02
Excerpt: ...g: To overrule defendant Clovis Unified School District's (“CUSD”) demurrer to the fourth cause of action of the First Amended Complaint (“FAC”). (Code Civ. Proc., § 430.10, subds. (b), (d).) CUSD shall file its answer to the FAC within 10 days of service of the order by the clerk. To quash the subpoena served on Saint Mary's Medical Center (“St. Mary's”), without prejudice to CUSD serving a more narrowly tailored subpoena. (Code Civ...
2022.11.01 Demurrer 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.01
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.01
Excerpt: ...ossComplaint. The time to file such pleading will run from service by the clerk of this minute order. All new allegations in the Second Amended Cross‐Complaint are to be set in boldface type. Explanation: First American demurs to Cross‐Complainant's first and only cause of action for professional negligence, contending that she fails to allege facts sufficient to state a valid claim. In particular, First American contends that the First Amend...
2022.10.27 Motion to Set Aside Dismissal 083
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.10.27
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.10.27
Excerpt: ...the clerk's entry of default that preceded it. However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his...
2022.10.27 Motion to Remove Occupants 776
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.10.27
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.10.27
Excerpt: ...btor is not the occupant, on the judgment debtor. Service shall be made personally or by mail. At the hearing on the motion the court shall determine the occupant's right to possession and shall make an order including terms and conditions that are appropriate under the circumstances of the case. (Code Civ. Proc., § 700.080(c) (emphasis added).) Where, as here, the personal property subject to the writ of possession is being used as a dwelling t...
2022.10.27 Motion to Compel Arbitration 522
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.27
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.27
Excerpt: ...r 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 contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ensuring that private arbitration agreements are enforced according to their terms, we have held that the FAA pre‐empts state laws which ...
2022.10.27 Motion for Summary Judgment, Adjudication 747
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.27
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.27
Excerpt: ...tion against defendant alleging five causes of action: (1) right of possession of personal property; (2) fraud; (3) conversion; (4) declaratory relief; and (5) injunctive relief, regarding a 1926 Ford Phaeton convertible. Plaintiff now seeks summary judgment of his Complaint or, in the alternative, summary adjudication of the claims that “Defendant converted, and is in wrongful possession of Plaintiff's property, and Plaintiff is entitled to it...