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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...
2018.7.19 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 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 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 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 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 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 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 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 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 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 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 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 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 ...
2018.7.17 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...
2018.7.12 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 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 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 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 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...

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