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2018.8.8 Application to Appear Pro Hac Vice 675
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.8
Excerpt: ....40, subds. (a), (d).) Here, Mr. McKey's application does not meet the requirements set forth in California Rules of Court, rule 9.40. The application does not include his place of residency, and no evidence is submitted to show that he does not regularly engage in substantial business, professional, or other activities in the State of California. Pursuant to California Rules of Court, rule 391(a) and Code of Civil Procedure section 1019.5, subd....
2018.8.7 Motion to Compel Further Responses 161
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.7
Excerpt: ...ther responses to the document requests within 10 days of the date of service of this order. Defendant shall pay monetary sanctions within 30 days of the date of service of this order. Explanation: As an initial matter, to the extent that defendant objects to plaintiff's motion on the ground that the plaintiff's separate statement does not comply with Rule of Court 3.1345, the objection is not well‐taken. Plaintiff's separate statement contains...
2018.8.7 Motion for Leave to Amend 347
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.8.7
Excerpt: ...r with trial counsel's schedule must attend as a new trial date will be assigned at the hearing. If no hearing is held on this motion, the court will set a new trial date at a Case Management hearing on Thursday, August 23, 2018 at 3:30 p.m. in Department 403. Explanation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc. § 473; see also, § 576.) There is ge...
2018.8.7 Motion for Determination of Claim 891
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.7
Excerpt: ...keting, Inc. (“Sandstone”). Explanation: California law includes special procedures for determining the claims of third persons (i.e., those other than the judgment debtor and creditor) in property under levy. These third party procedures are optional. They may be used by a third party who claims ownership to or possession of real or personal property, or a superior security interest in or lien on personal property. The third party claim proc...
2018.8.7 Motion for Attorney's Fees 702
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.7
Excerpt: ... strike “shall be entitled” to recover his or her attorney fees and costs. (Code Civ. Proc. §425.16(c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131; see also Schroeder v. Irvine City Council (2002) 97 Cal.App.4th 174, 193 [“Our Supreme Court has construed section 425.16, subdivision (c) as mandatory.”].) The award of attorney fees to the prevailing defendant on an antistrategic lawsuit against public participation (SLAPP) motion includ...
2018.8.7 Motion to Modify Appointing Receiver, Authorizing Receiver to Sell 829
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.7
Excerpt: ...ther equipment with a California Certificate of Title and eligibility to be licensed for travel on public roads in California) as part of the receivership estate. Although they have filed no opposition to this motion, Defendants apparently objected to the Receiver's sale of vehicles because Plaintiff has no security interest in them. The Order at paragraph 2 provides that the Receiver was to “take possession of all that certain Personal Propert...
2018.8.2 Demurrer 267
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.8.2
Excerpt: ...on the ground that it fails to state facts sufficient to constitute a cause of action, as plaintiff has not clearly alleged which defendants were her employers, and that defendant Laura Fraser was not a licensed real estate broker and therefore could not have been an “employer” of plaintiff because only licensed real estate brokers can employ real estate agents. However, the complaint clearly alleges that, “The term ‘DEFENDANTS' shall ref...
2018.8.2 Motion for Attorneys' Fees 597
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.8.2
Excerpt: ...osing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” (Emphasis added.) (Code Civ. Proc., § 405.38.) Plaintiff argues that because his complaint contains a “real property claim,” he acted with substantial justification. However, the statute contemplates that in order to survive a motion to expunge, plaintiff mus...
2018.8.2 Motion for Summary Adjudication 685
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.2
Excerpt: ...fth causes of action both allege claims for harassment in violation of the Fair Employment and Housing Act (FEHA) based on plaintiff's medical condition and sexual orientation. Defendants' contend that the acts of harassment cited by plaintiff with regard to her sexual orientation or medical condition were not so severe or pervasive as to alter the conditions of her employment. “Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590 ....
2018.8.2 Motion for Summary Judgment, Adjudication 299
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.8.2
Excerpt: ...planation: 1. Objections to Evidence The Court sustains that part of plaintiff's objection no. 1 on the basis of hearsay. All other objections made by plaintiff are overruled. The Court did not consider objections by defendant as defendant's moving papers failed to carry its burden on any issue except for the legal question of fiduciary duty. 2. Disputed Facts Facts Nos. 1, 9, 11, 12, 14, 16, 17, 18, 20, 21, 24, 26, 27, 28, and 32 are disputed. A...
2018.8.2 Motion to Compel Additional Time to Complete Deposition 874
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.2
Excerpt: ...fendant only needs the extra deposition time because counsel made an inefficient use of time previously. Plaintiffs did not comply with California Rules of Court, rule 3.1116 in attaching the entire unmarked transcripts, and it is not the court's burden to review over 300 pages of transcripts to independently identify the evidentiary basis for plaintiffs' arguments. Defendant has provided a sufficient basis to justify needing more time than the s...
2018.8.1 Motion to Tax Costs 419
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.1
Excerpt: ...r acceptance of offer to allow judgment,” states in relevant part: (a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section. (b) Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award...
2018.8.1 Motion to Strike Answer 921
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.1
Excerpt: ...ugust 30, 2018, at 3:30 p.m. in Department 503. Plaintiff may file a responsive brief on the issue no later than August 16, 2018. Explanation: A party may voluntarily withdraw a pleading filed by him or her. (See Code Civ. Proc., § 128.7, subd. (c).) The wisdom of such a maneuverer is not for the court to decide. The operative second amended complaint was filed May 27, 2015. It seeks termination of three trusts held by the late J.M. Irigoyen, in...
2018.8.1 Motion to Confirm Good Faith Settlement 438
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.8.1
Excerpt: ...‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6, subd. (a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or c...
2018.8.1 Motion to Compel Responses, for Sanctions 558
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.8.1
Excerpt: ... deny the request for terminating sanctions. To impose monetary sanctions in the amount of $1,530. Sanctions must be paid by Defendant Jesus Hernandez to the Law Office of Robert C. Abrams within 30 days after service of this order. Explanation: Interrogatories: Code of Civil Procedure section 2030.290, subdivision (b) provides for a motion to compel where the opposing party fails to respond to written interrogatories. Further, when a party has n...
2018.8.1 Motion to Compel Further Responses, Production of Docs 402
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.8.1
Excerpt: ...ch type of discovery for which further responses are sought pursuant to California Rules of Court, rule 3.1112; and 3. Failure to submit a separate statement in support of each motion pursuant to California Rules of Court, rule 3.1345(c). Explanation: On or about August 8, 2016, Plaintiff was involved in a motor vehicle accident with a rented Ryder Truck driven by Alan John Walsh in the scope of his employment with Defendant Baggie Farms Express,...
2018.8.1 Motion for Attorney Fees 294
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.8.1
Excerpt: ... fees to a “successful party” if the underlying litigation has enforced an important right affecting the public interest, has conferred a significant benefit on the general public or a large class of persons, and has imposed a financial burden on the fee claimants out of proportion to their individual stake in the matter. (Baggett v. Gates (1982) 32 Cal.3d 128, 142.) Though it is a proceeding of a different nature than the ordinary civil acti...
2018.7.31 Demurrer, Motion to Strike 253
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.31
Excerpt: ...use of action in light of the court's order on the demurrer. The prevailing party shall submit to this court, within 7 days of service of the minute order, an ex parte request dismissing the action as to the demurring defendant. Explanation: Demurrer to Fourth Cause of Action: Plaintiff, who is the Trustee of the Ninos' bankruptcy estate, has once again attempted to state a claim for negligence against Premier Valley Bank for failing to perform a...
2018.7.31 Demurrer 498
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.31
Excerpt: ...ype. Explanation: The court finds the Complaint uncertain. The Complaint alleges that plaintiff leased an apartment at the apartment complex located at 3442 W. University Avenue, Fresno. The Complaint is vague as to what defective conditions existed at the unit in which plaintiff resided. Paragraph 11 alleges, “On August 24, 2017, inspection and observations of the conditions of the dwelling unit at 3442 W. University Avenue, Fresno, California...
2018.7.31 Demurrer, Motion to Strike 387
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.31
Excerpt: ...nt can be amended will run from service by the clerk of the minute order. Explanation: In the complaint a plaintiff must “plead facts showing that he may be entitled to some relief.” (Schnall v. Hertz Corp. (2000) 78 Cal.App.4th 1144, 1152.) The complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) Plaintiff does not allege any facts in his First ...
2018.7.31 Motion for Judgment on the Pleadings 962
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.31
Excerpt: ...e filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and...
2018.7.31 Motion for Reconsideration, Demurrer 430
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.31
Excerpt: ...ates, to ensure the information is consistent with what was stated in the Reply declarations. Explanation: It appears the memorandum of points and authorities plaintiff filed on July 20, 2018, was not the Reply brief but was the opening brief that plaintiff apparently intended to file with the other moving papers on June 15, 2018. It does not have the word “reply” in the caption, but instead the title simply indicates it is the memorandum in ...
2018.7.31 Motion to Compel Compliance 260
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.31
Excerpt: ...1987.1 provides, in relevant part: “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things … at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b) … may make an order … directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (Code Ci...
2018.7.31 Petition for Relief 104
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.31
Excerpt: ...gainst a public entity may only be brought where a written claim has been presented to, and rejected by, the entity. (Gov. Code §§905, 945.4; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454 [timely filing of claim is condition precedent to maintenance of civil action].) Such a claim must be presented within six months of its accrual. (Gov. Code §911.2.) Once a notice of rejection has been personally delivered to the claimant or de...
2018.7.26 Motion to Enforce Settlement 694
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.26
Excerpt: ... of the settlement.” (Code Civ. Proc., § 664.6 emphasis added.) The purpose of Code of Civil Procedure section 664.6 is to permit a court, via a summary proceeding, to finally dispose of an action. (Wackeen v. Malis (2002) 97 Cal.App.4th 429.) Here, the parties settled in February 2014. At that time, this case was (and still is) pending. The agreement contains a provision making it enforceable under Code of Civil Procedure section 664.6. Howev...
2018.7.26 Demurrer, Motion to Strike 340
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.26
Excerpt: ...from the date of this order in which to file a First Amended Complaint addressing the issues noted below. All new or changed allegations shall be set forth in boldface typeset. Explanation: Moving Parties Growers Farm Management, Inc. and George Garcia (“Moving Defendants”) demur to the First, Second, and Fourth Causes of action for Breach of Contract, Negligent Misrepresentation, and Fraud, respectively. The grounds for the demurrer, and the...
2018.7.26 Motion for Appointment of Receiver 020
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.26
Excerpt: ...e a receiver appointed for the purpose of transferring the judgment debtor's interest in the license. (Code Civ. Proc. § 708.630.) A necessary part of a motion for appointment of a receiver is to identify the person the moving party wishes to have serve as the receiver, showing that he or she has the necessary qualifications. The moving party here did not do this, but instead proposes that the receiver will be selected after the motion is grante...
2018.7.26 Motion for Summary Judgment 361
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.26
Excerpt: ... summary judgment order. Explanation: Civil Code section 55.3, subdivision (b)(1), provides that an attorney “shall provide” the specified written advisory form “with each demand letter or complaint sent to or served upon a defendant or potential defendant alleging a construction‐related accessibility claim . . . .” (Emphasis added.) Civil Code section 55.54, subdivision (a)(1), provides that “an attorney who causes a summons and comp...
2018.7.26 Motion to Compel Arbitration 703
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.26
Excerpt: ... Dispute Resolution (Rutter Group 2017) “Contractual Arbitration” §§ 5:301, 5:304; Code Civ. Proc. §1290.2.) The motion/petition must allege specific facts demonstrating the existence of an arbitrable controversy, rather than mere conclusions, and must allege not only the existence of the arbitration agreement but “also that the opposing party refuses to arbitrate the controversy.” (Id. at 5:307 [citing Strauch v. Eyring (1994) 30 Cal....
2018.7.26 Motion to Stay 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.26
Excerpt: ..., the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until the application for an order to arbitrate is determined …” The question is whether the pendency of appeal of an order denying a petition to arbitrate means “such application” is still “undetermined.” The only two courts to consider the issue come to different conclusions. Plaintiffs ...
2018.7.25 Motion to Stay Proceedings 857
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.25
Excerpt: ...(2000) 79 Cal.App.4th 876, 885‐886 citing Keating v. Office of Thrift Supervision (9th Cir. 1995) 45 F.3d 322.) And when faced with parallel criminal proceedings, an analysis should be undertaken "in light of the particular circumstances and competing interests involved in the case.” (Avant!, supra, 79 Cal.App.4th at 885, citing Keating, supra, 45 F.3d at 324‐325.) In general, Courts should consider the following factors (“the Keating...
2018.7.25 Motion to Stay Arbitration 305
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.25
Excerpt: ...ruction, Inc. contracted to provide labor, services and materials in the rehabilitation of a construction project for defendants Ramos Ruiz Brothers, Inc. dba, Ramos Furniture, Jose Ramos, and Jose Ramos AG Land Ventures (hereinafter “Ramos”). Ramos amended the contract with Pickett to exclude insulation, flooring and painting, which work was performed by Peters Roofing, Inc., TCC Construction, Inc., and Spectrum Building Insulation Services....
2018.7.25 Motion to Enforce Settlement Agreement, for Sanctions 922
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.25
Excerpt: ...00 is not contingent on FCA scheduling surrender of the vehicle. (Code Civ. Proc. § 664.6.) To deny the motion for sanctions. (Code Civ. Proc. § 128.5.) Explanation: Motion to Enforce Settlement Code of Civil Procedure section 664.6 provides: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon mot...
2018.7.25 Motion to Appoint Receiver, for Preliminary Injunction 380
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.25
Excerpt: ..., and to prohibit defendant from interfering with the receiver's discharge of his duties. Explanation: Under Code of Civil Procedure section 564, subdivision (a), “A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver.” Also, “A receiver may be appointed by the court in which an action or proceedin...
2018.7.25 Motion for Default Judgment 229
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.25
Excerpt: ...e Osiride Inis Towt Trust, uta dated 2‐1‐91. Plaintiff is the son of Ms. Towt. Contrary to the pleadings, which allege that Plaintiff loaned money to Defendants, Plaintiff states in his declaration in support of his default judgment request that his mother loaned $250,000 to Defendants “as evidenced by a Borrower's Closing Statement” attached as Exhibit A. (Kliegl Decl. at ¶ 3.) There is no Exhibit A attached to Plaintiff's declaration. ...
2018.7.25 Application for Writ of Possession 031
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.25
Excerpt: ...the debtor's assets until final adjudication of the claim sued upon. (Code Civ. Proc., §481.010 et seq.) A creditor must follow statutory guidelines in applying for the attachment and establish a prima facie claim. (Lorber Industries of Calif. v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.) An attachment may be issued only if the claim sued upon meets the following requirements: (1) it is a claim for money based on a contract, express or im...
2018.7.24 Motion for Class Certification, Preliminary Approval of Settlement 993
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.24
Excerpt: ...sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whet...
2018.7.24 Motion to Compel Deposition 380
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.24
Excerpt: ...g).) Plaintiff is ordered to pay $1,372.10 in sanctions to the Yarra Law Group, within 30 days of the clerk's service of the minute order. Explanation: Proper service of a notice of deposition compels the opposing party to appear, to testify, and to produce documents if requested. (Code Civ. Proc. §2025.280(a); see Code Civ. Proc. §2025.410 [party served with deposition notice may serve objections on party that noticed the deposition].) Where a...
2018.7.24 Demurrer 965
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.24
Excerpt: ...defense counsel before he filed his demurrer. (Code Civ. Proc., § 430.41, subd. (a)(3).) Therefore, he has failed to comply with the requirements of section 430.41. However, the failure to meet and confer is not enough, by itself, to justify overruling the demurrer. (Code Civ. Proc., § 430.41, subd. (a)(4).) Also, since plaintiff is involuntarily confined at Coalinga State Hospital, he obviously cannot meet and confer in person with defense cou...
2018.7.24 Demurrer 010
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.24
Excerpt: ...ant's residential care facility with a diagnosis of schizophrenia. A few months after admission, Plaintiff was allegedly physically attacked by Doe 1, another resident. On or about May 2017, Plaintiff alleges that he was physically attacked by yet another resident, Doe 2. Eventually, Plaintiff moved to another care facility. On March 23, 2018, Plaintiff filed his complaint alleging causes of action for elder abuse, negligent hiring and supervisio...
2018.7.24 Default Prove Up 882
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.24
Excerpt: ... Plaintiff fails to adequately justify its request for increased attorney's fees; (4) Plaintiff improperly requests costs for a litigation guarantee; (5) Plaintiff fails to elect between remedies; and (6) Plaintiff provides no interest calculations. 1. Notice Due process considerations limit the amount of damages awardable on default: “In all default judgments, the demand sets a ceiling on recovery.” (Greenup v. Rodman (1986) 42 Cal.3d 822, 8...
2018.7.24 Motion for Good Faith Settlement 873
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.24
Excerpt: ...877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐ obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6, subd. (a)(1).) “A de...
2018.7.24 Application for Default Judgment 207
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.24
Excerpt: ...rt judgment.” But, this is a minor error. However, Plaintiffs' attorney neglected to sign the Sec. 7 regarding the correctness of the amount of costs submitted. On the one hand, Plaintiffs are not requesting any costs. But, on the other hand, the section indicating a waiver of costs and disbursements was not checked. More importantly, the Declaration of nonmilitary status was not signed on any of the requests for entry of court judgment. Federa...
2018.7.24 Motion to Compel Responses, for Sanctions 841
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.24
Excerpt: ...e complete verified responses to the discovery set out above, without objection, within 10 days after service of this order. To grant defendant Donald Inman's motion for sanctions. Plaintiff Eduardo Calderon and his attorney of record, jointly and severally, are ordered to pay monetary sanctions to Ericksen Arbuthnot in amount of $315.00 within 30 days after service of this order. (Code Civ. Pro., § 2031.300(c).) Pursuant to California Rules of ...
2018.7.24 Petition to Compromise Minor's Claim 045
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.24
Excerpt: ...t. Fresno County, Local Rules, rule 2.8.4.) Explanation: Ordinarily, the reasonable attorney's fees in a petition to compromise the minor's claim are 25% of the net settlement without a clear explanation of why the higher fee would be justified per code. In the current petition the attorney seeks 33% of gross. There is nothing about this case that warrants this increased fee amount. The signature of the petitioner is not dated. The top portion of...
2018.7.24 Motion to Dismiss Action 908
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.24
Excerpt: ...n of the defendant if to do so appears to the court appropriate under the circumstances of the case.” Code of Civil Procedure section 583.420 authorizes the court to exercise its discretion to dismiss a matter in three circumstances: if service is not made within two years after the action is commenced against a defendant; if the matter is not brought to trial or conditionally settled within three years, and if the action is not tried within tw...
2018.7.19 Motion for Summary Judgment 567
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.19
Excerpt: ... 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 framed by the pleadings; determining whether the moving party has established facts negating the opposing party's cla...
2018.7.19 Demurrer 096
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.19
Excerpt: ...ction without leave to amend. To sustain the general demurrer to the second cause of action with leave to amend. To overrule the general demurrer to the third cause of action. An amended complaint in conformity with the ruling is to be filed within 10 days of notice of the ruling. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations in the first amended complaint are to be set ...
2018.7.19 Demurrer 779
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.19
Excerpt: ...person or by telephone with the party who filed the pleading that is subject to demurrer[.]” (Code Civ. Proc. §430.41(a), bold added; see Judicial Counsel form CIV‐140.) Where the parties are unable to sufficiently meet and confer five or more days prior to the date the responsive pleading is due, a 30‐day extension is automatically granted upon the filing by the demurring party of a declaration stating that a good faith effort was made to...
2018.7.19 Motion for Approval of Class Action Settlement 798
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.19
Excerpt: ...lexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement.” (Dunk v. Ford Motor Company (1996) 48 Cal. App. 4th 1794, 1801, citation omitted.) In Kul...
2018.7.19 Motion for Attorney's Fees 801
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.19
Excerpt: ...gment debtor shall be filed. Explanation: On December 21, 2016, a default judgment was entered in favor of plaintiff/judgment creditor M4 Associates, LLC and against defendant/judgment debtor Dr. Eric Lee in the total amount of $65,078.37, which consisted of principal in the amount of $60,108.87, attorneys' fees in the amount of $4,505.00, and costs in the amount of $464.50. (Doerksen Decl. ¶ 5, Exhibit “B.”) On June 5, 2018, M4 Associates f...
2018.7.19 Motion for Determination of Good Faith Settlement 999
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.19
Excerpt: ...idering a motion pursuant to section 877.6, the court balances the statute's twin goals of (1) encouragement of settlements, and (2) equitable sharing of costs among the parties at fault. (Tech‐Bilt v. Woodward‐Clyde & Assoc. (1985) 38 Cal.3d 488, 494.) The standard is whether the amount of the settlement is within the “reasonable range” or “ballpark” of the settling tortfeasor's proportional share of comparative liability for the pla...
2018.7.19 Motion for Leave to File Complaint 374
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.19
Excerpt: ...73, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] ‘In the fur...
2018.7.19 Motion for Monetary Sanctions, for Terminating Sanctions 336
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.19
Excerpt: ...ard such sanctions. The parties are directed to meet and confer in the next thirty (30) days in order attempt a resolution of the issues regarding Plaintiff's health and her availability to pursue this case. The Court also sets a status conference for Thursday, August 30, 2018 in Department 501 at 3:30 p.m. Explanation: Defendant seeks issue, evidentiary, terminating, and or monetary sanctions pursuant to Code of Civil Procedure §§2023.010, 202...
2018.7.19 Motion for Summary Judgment 397
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.19
Excerpt: ...n of proof to show that plaintiff cannot establish one or more elements of her causes of action or to show that there is a complete defense. (Code Civ. Proc. § 437c(p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and this must be shown via specific facts and not mere allegations. (Id.) “California courts ...
2018.7.19 Motion for Terminating Sanctions 355
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.19
Excerpt: ... Explanation: It is a misuse of the discovery process to fail to respond to an authorized method of discovery, or disobey a court order to provide discovery. (Code Civ. Proc. §2023.010(d), (f), (g).) Though the decision to order terminating sanctions is not to be made lightly, where a violation is “willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules,&#...
2018.7.19 Motion to Set Aside Default Judgment 706
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.19
Excerpt: ...ce six months have elapsed since the entry of a judgment, “a trial court may grant a motion to set aside that judgment as void only if the judgment is void on its face.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1441.) A judgment that is facially invalid may be set aside at any time, “with no limit on the time within which the motion must be made.' (Citation.)”].) (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 18...
2018.7.19 OSC Re Contempt 140
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.19
Excerpt: ...e clerk's mailing of this minute order. Explanation: Each element of the contempt must be proved beyond a reasonable doubt. (In re Coleman (1974) 12 Cal.3d 568, 572.) These include: (1) Defendant's knowledge of the order disobeyed; (2) Defendant's ability to comply; and (3) Defendant's willful disobedience of the order. (In re Jones (1975) 47 Cal.App.3d 879, 881; People v. Gonzalez (1996) 12 Cal.4th 804, 816.) Contract interpretation ...
2018.7.19 Petition to Compromise Minor's Claim 371
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.19
Excerpt: ...8.4.) Explanation: An original or a photocopy of a doctor's report containing a diagnosis of and prognosis of the injuries, and a report of the minor‘s present condition, must be attached to the petition as Attachment 9. There is no Attachment 9. Attorney's fees are sought but there is no Attachment 14a to the petition setting out the rule 7.955 factors and no Attachment 18a, copy of the fee agreements attached to the petition. The attorney see...
2018.7.19 Petition to Confirm Arbitration Award 887
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.19
Excerpt: ...etition to confirm. See CCP § 1285. If a petition or response requesting confirmation is duly filed and served, the court must confirm the award as made, unless it corrects or vacates the award or dismisses the proceeding. [CCP § 1286 and see Valsan Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4th 809, 819 and Weinberg v. Safeco Ins. Co. of America (2004) 114 Cal.App.4th 1075, 1084.] A party may seek confirmation by fili...
2018.7.18 Motion to Set Aside Dismissal 005
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.18
Excerpt: ...rules 3.1112‐3.1113. Plaintiff has failed to provide the statutory grounds upon which she is moving to set aside the dismissal. See San Francisco Lathing v. Superior Court (1969) 271 C.A.2d 78, 82 and 8 Witkin, Cal. Proc. 5th Attack § 174 (2008). With such, the court cannot entertain this motion. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. T...
2018.7.18 Motion to Compel Responses, Request for Production of Docs, to Deem Request for Admissions, for Monetary Sanctions 362
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.18
Excerpt: ... form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc., §§ 2030.290, subd. (b) and 2031.300, subd. (b).) Defendant Henry Macias to provide complete verified responses to all discovery set out above, without objection within 10 days after service of this order. To grant plaintiff Fred Garza, Jr.'s motion that the truth of the matters specified in the requests for admis...
2018.7.18 Motion to Compel Further Responses, to Deem Admissions Admitted 873
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.18
Excerpt: ...8, 2017, plaintiffs served Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Production of Documents (Set One), and Requests for Admissions (Set One) on defendant via mail. (Devlin Decl., ¶ 7, Ex. 3.) On March 2, 2018, defendant responded to plaintiffs' written discovery. (See Devlin Decl. ¶ 8, Ex. 4.) Plaintiffs filed the instant Motions to Compel Further Responses and to Deem Admissions Admitted, within the stipu...
2018.7.18 Motion for Summary Adjudication 720
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.18
Excerpt: ...rities that plaintiff is actually seeking to adjudicate the entire breach of contract claim. Plaintiff requests adjudication of the “issues” of each separate element of a breach of contract cause of action, including the existence of a contract, performance by plaintiff, breach by defendant, and damages to plaintiff caused by the breach. In essence, plaintiff seeks to adjudicate the entire cause of action, even though it seeks to parse each s...
2018.7.18 Demurrer, Motion to Strike 188
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.18
Excerpt: ...every rental agreement is a covenant of “quiet enjoyment.” The landlord impliedly promises to allow the tenant possession and “quiet enjoyment” of the premises during the contract term and not to, through act or omission, disturb the tenant's possession and beneficial enjoyment of the premises for the purposes contemplated by the rental agreement. (Civ. Code § 1927; see also e.g. Erlach v. Sierra Asset Servicing, LLC (2014) 226 Cal.A...
2018.7.17 Motion for Summary Judgment, Adjudication 030
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.17
Excerpt: ...s without merit. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden by showing that one or more elements of the cause of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc. §437c, subds. (p)(2), (o)(2).) Thus, the elements of a cause of action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession comm...
2018.7.17 Motion for Summary Judgment 737
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.17
Excerpt: ...nt order. Explanation: As the moving parties, defendants bear the initial burden of proof to show that plaintiffs cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc. § 437c(p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and this must...
2018.7.17 Motion for Summary Judgment 142
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.17
Excerpt: ...rst cause of action in the complaint. Defendant is ordered to prepare and file a proposed judgment consistent with this ruling within five (5) court days of service of this order. Explanation: In response to this motion for summary judgment, Plaintiff sought, and obtained, a continuance in order to conduct discovery pursuant to Code of Civil Procedure section 437c, subdivision (h). On July 3, 2018, Plaintiff filed a notice of non‐opposition, in...
2018.7.17 Demurrer, Motion to Strike 971
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.17
Excerpt: ...of action. To sustain the general demurrers to the second and fourth causes of action, with leave to amend. Explanation: The court will only rule on the one motion that was properly calendared (by YCA), and will not rule on the District's motions unless and until they are properly calendared pursuant to the Superior Court of Fresno County Local Rules, Rule 2.2.1.  YCA's Demurrer for Uncertainty The memorandum does not make any arguments as to ...
2018.7.17 Demurrer, Motion to Strike 406
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.17
Excerpt: ...plaint is not brought against Plaintiff. As it appears that Plaintiff has no standing to bring the instant demurrer, the demurrer is overruled. Motion to strike Papers filed in support of a motion must consist of at least a notice of hearing; the motion itself; and a memorandum in support of the motion. (Calif. Rules of Court, rule 3.1112(a).) The court may construe the absence of a memorandum as an admission that the motion is not meritorious an...
2018.7.17 Motion for Terminating Sanctions 906
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.17
Excerpt: ...ropriate where violation was willful, preceded by history of abuse, or where is shown that less severe sanctions would not produce compliance with procedural rule].) It is an abuse of discretion to dismiss an action solely on the ground that a party has failed to pay monetary sanctions ordered by the court. (Newland v. Superior Court (1995) 40 Cal. App. 4th 608, 615; Midwife v. Bernal (1988) 203 Cal.App.3d 57, 64‐65.) In the instant case, Defen...
2018.7.17 Motion to Compel Responses, for Production of Docs, for Sanctions 079
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.17
Excerpt: ...ecial interrogatories, set one and request for production of documents, set one. (Code of Civil Procedure sections 2030.290(b), 2031.300(b).) The evidence before this court is insufficient to determine if initial responses are due. To deny Jasvir Kaur Jhutti dba A Plus Taxi Cab Co.'s motion for sanctions. (Code of Civil Procedure sections 2030.290(c), 2031.300(c).) Explanation: Defendant has failed to file points and authorities to support any of...
2018.7.17 Petition to Compel Arbitration 738
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.17
Excerpt: ...at 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 . . .” “In any event, if proof of a demand and refusal to arbitrate under the agreement is a necessary prerequisite to a petition to compel arbitration under section 1281.2, the failure to prove such demand and refusal is a failure ...
2018.7.12 Motion to Tax Costs 974
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.12
Excerpt: ...he time frame specified under rule 3.1700(a)(1) of the California Rules of Court and should not be considered. California Rules of Court, rule 3.1700(a)(1) provides in pertinent part, “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of services of written noti...
2018.7.12 Motion to Strike Answer 855
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.12
Excerpt: ...Cal. Rev. & Tax. Code § 23301. A corporation that has had its powers suspended “lacks legal capacity to prosecute or defend a civil action during its suspension.” (Sade Shoe Co. v. Oschin & Snyder (1990) 217 Cal.App.3d 1509, 1512.) On the other hand, a suspended corporation may be sued and a default judgment may be entered upon its failure to respond. (Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306.) Tabarrejo v. Superior Court...
2018.7.12 Motion to Recover Costs 428
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.12
Excerpt: ... If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method permitted by this chapter, and, except for good cause sho...
2018.7.12 Motion to Intervene 690
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.12
Excerpt: ...aint; or to unite with the defendant in resisting the plaintiff's claims; or to demand anything adverse to both parties. (Code Civ. Proc., § 387, subd. (a).) "If any provision of law confers an unconditional right to intervene ... the court shall, upon timely application, permit that person to intervene." (Code Civ. Proc., § 387, subd. (b).) The People, through the Attorney General, have an unconditional right to intervene in the cu...
2018.7.12 Motion to Bifurcate 997
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.12
Excerpt: ...se or defenses before the trial of any other issue in the case, and if the decision of the court, or the verdict of the jury, upon any special defense so tried … is in favor of the defendant pleading the same, judgment for the defendant shall thereupon be entered and no trial of other issues in the action shall be had[.]” (Code Civ. Proc. §597.) Thus, courts have long recognized that where the answer to a complaint raises a statute of limita...
2018.7.12 Motion for Judgment on the Pleadings 071
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.12
Excerpt: ... the order by the clerk. Explanation: In response to this motion for judgment on the pleadings, plaintiff filed a First Amended Complaint, and did not address the merits of the motion as directed at the operative complaint. The Complaint was filed on September 20, 2016, and defendant filed its answer on December 7, 2016. Thereafter, plaintiff needed leave of court to amend the Complaint. (Code Civ. Proc. § 472.) Contrary to plaintiff's implied a...
2018.7.12 Motion for Determination of Good Faith Settlement 481
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.12
Excerpt: ...rsuant to section 877.6, the court balances the statute's twin goals of (1) encouragement of settlements, and (2) equitable sharing of costs among the parties at fault. (Tech‐Bilt v. Woodward‐Clyde & Assoc. (1985) 38 Cal.3d 488, 494.) The standard is whether the amount of the settlement is within the “reasonable range” or “ballpark” of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries. ...
2018.7.11 Motion to Amend Complaint, for Reconsideration 779
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.11
Excerpt: ...hearing or a memorandum of points and authorities, as required by California Rules of Court, Rule 3.1112, subdivision (a) (1) and (3). At best, it bears the title of “motion” and the second page includes some elements required for the motion itself: it identifies who is bringing the motion (plaintiff), the relief requested (to be allowed to file a Second Amended Complaint) and the basis for the relief sought (“due to more information found ...
2018.7.11 Motion for Change of Venue 977
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.11
Excerpt: ... 2d 7, 8, referencing repealed Art. XII, Section 16. Code of Civil Procedure, section 395(a), states (at its pertinent parts): “Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action . . . “Subject to subdi...
2018.7.11 Motion for Leave to File Complaint 478
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.11
Excerpt: ... (5) court days in which to file their pleading. Service is to be perfected in accordance with the applicable provisions of the Code of Civil Procedure. Explanation: (Note‐ as of July 9, no opposition appears in the Court's files.) This is a complex action filed on August 2, 2016. Plaintiffs allege that they were a lender for a purchase of real estate in Contra Costa County on which they foreclosed. The site is allegedly contaminated with vario...
2018.7.11 Motion for Reconsideration 001
Location: Fresno
Judge: Snauffer, Mark
Hearing Date: 2018.7.11
Excerpt: ...) It must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Id. at subd. (b).) The Court may construe the absence of any such memorandum as an admission that the motion is not meritorious and cause for its denial. (Id. at subd. (a).) Here, none of Plaintiff's motions complies with California Rules of Cou...
2018.7.11 Motion for Summary Judgment 349
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.11
Excerpt: ...ugust 25, 2015, she “was at Selma Hospital waiting to get x‐rays done when the chair she was sitting on broke, causing her to fall to the ground. As a result, Mrs. Vargas was seriously injured.” Plaintiff alleges one cause of action for general negligence, and one for premises liability. Defendant Adventist Medical‐ Center‐Selma (“defendant” or “AMC‐S”) now moves for summary judgment, contending that the one‐ year statute of...
2018.7.11 Motion for Terminating Sanctions 653
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.11
Excerpt: ...ejudice. The entire action is dismissed. Explanation: The Court has considered both the conduct being sanctioned and its effect on the party seeking discovery. There is evidence that plaintiff has engaged in misuse of the discovery process. The harm caused by the withheld discovery and the refusal to participate in discovery is a complete inability to prepare for trial. There is no evidence that any lesser sanction will result in plaintiff partic...
2018.7.11 Motion to Bifurcate 347
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.11
Excerpt: ...conomy 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 specifies the court's discretion in regard to bifurcating issues for separate trial: “The court, in fur...
2018.7.11 Motion to Tax Costs 365
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.11
Excerpt: ...ainst minors who voluntarily dismiss their case without prejudice, through their guardian ad litem. (See e.g. Jacquelyn Fries, a minor, etc. v. Rite Aid Corp. (2009) 173 Cal.App.4th 182; see also Fields v. Napa Mill Co. (1958) 164 Cal.App.2d 442.) In the alternative, Plaintiff moves to tax the following costs: (1) deposition costs for Anila Thampy, M.D. ($290); (2) exhibits used for depositions ($42.05); (3) subpoenas for health care providers ($...
2018.7.10 Motion to Consolidate 991
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.10
Excerpt: ...anation: California Rules of Court, rule 3.350(a)(1) requires that notice of a motion to consolidate be filed in each case sought to be consolidated. Here, the moving party failed to file notice of the instant motion in case no. 16CECG04000. Accordingly, the motion is denied without prejudice. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure §1019.5(a), no further written order is necessary. The minute order adop...
2018.7.10 Motion to Compel Responses, for Monetary Sanctions 362
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.10
Excerpt: ...t plaintiff Fred Garza, Jr.'s motion to compel defendant Margarita Garza, aka Margarita Macias, to provide initial verified responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc., §§ 2030.290, subd. (b) and 2031.300, subd. (b).) Defendant Margarita Garza, aka Margarita Macias, to provide complete verified responses to all discovery set out above, without o...
2018.7.10 Motion to Compel Responses, for Monetary Sanctions 348
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.10
Excerpt: ...fendant American Matar International, Inc., dba Statewide Commercial Insurance Brokers is ordered to serve verified responses without objections to the First Set of Special Interrogatories and the First Set of Form Interrogatories within ten (10) court days of this order. Plaintiffs are awarded sanctions in the amount of $660.00 against American Matar International, Inc., dba Statewide Commercial Insurance Brokers for each motion, for a total of ...
2018.7.10 Motion for Reconsideration 603
Location: Fresno
Judge: Snauffer, Mark
Hearing Date: 2018.7.10
Excerpt: ...for admissions, Plaintiff responded that she "can neither admit nor deny" the request. These admissions includedcritical contentions about having any evidence to support plaintiff's claims. In her concurrently served responses to form interrogatories, plaintiff responded to interrogatory 17.1 for all of the above requests for admissions by stating "Responding Party lacks sufficient information to respond to this request at this time, ...
2018.7.10 Motion for OSC Re Contempt 493
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.10
Excerpt: ...n indirect contempt proceeding, “an affidavit must be presented to the court stating the facts constituting the contempt, an order to show cause must be issued, and hearing on the facts must be held by the judge.” (Arthur v. Superior Court (1965) 62 Cal.2d 494, 407‐08.) The affidavit in support of the request for the OSC must cover each element of the commission of the contempt; it serves as the “complaint” in the indirect contempt proc...
2018.7.10 Motion for Leave to File Complaint 566
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.10
Excerpt: ...rder. New allegations shall be in boldface type font. To grant the motion to file a cross‐complaint. The cross‐ complaint shall be filed and served within 10 days of the clerk's service of this minute order. Explanation: Motion for Leave to File Amended Complaint “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc. § 473; see also, Code Civ. Proc. § 576.) T...
2018.7.10 Motion for Compulsory Joinder 313
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.10
Excerpt: ...is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his abili...
2018.7.3 Motion to Withdraw as Attorney of Record 582
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2018.7.3
Excerpt: ...entative of the client; and 3. proof of service on the defendants as required by Cal. Rules of Court, rule 3.1362(d). Failure to file the required declaration will result in the motion being taken off calendar. Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedure section 1019.5(a), no further written order is necessary. The minute order adopting this ruling will serve as the order of the court, and service by the clerk o...
2018.7.3 Demurrer 478
Location: Fresno
Judge: Black, Donald
Hearing Date: 2018.7.3
Excerpt: ...mplaint. The time in which the complaint may be amended will run from the clerk's service of the minute order. New allegations in the amended complaint are to be set in boldface type. Explanation: Demurrer In California, a complaint must contain a statement of the facts constituting the cause of action, in ordinary and concise language; and a demand for judgment for the relief to which the pleader claims to be entitled. (Code Civ. Proc. §425.10....
2018.7.3 Demurrer 646
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.3
Excerpt: ...ice of this minute order. All new allegations shall be in boldface typefont. Explanation: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “[P]laintiff's ability to prove the allegations, or the possible difficulty in making such proof, does not concern the reviewing court.�...
2018.7.3 Motion for Leave to Amend Complaint 423
Location: Fresno
Judge: Snauffer, Mark
Hearing Date: 2018.7.3
Excerpt: ...de of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to am...
2018.7.3 Motion to Tax Costs 961
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2018.7.3
Excerpt: ...oyd sought to tax. (See Opp. brief, p. 3:14‐15—“The $435 filing fee amount for the first account was actually and reasonably incurred by Ms. Marsh and should be recoverable” (emphasis added).) Mr. Boyd provided no authority for his argument that because the accounting was filed as a result of a court order the filing fee is not a recoverable cost. As prevailing party, this is a cost that is recoverable by Ms. Marsh. The fact that Ms. Mars...

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