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Motion to Quash Service of Summons 036
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: Motion

Excerpt: ...laintiff has the initial burden of showing the essential facts of jurisdiction, that is the facts requisite to an effective service. (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868; Dill v. Berquist Const. (1994) 24 Cal.App.4th 1426, 1439‐ 40.) This may be done through presentation of declarations, with opposing declarations received in response. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) Furthermore, filing a proof of...

2024.06.13 Motion to Strike Answer 066
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.13

Excerpt: ...to Nex Ge n Electric LLC., is hereby stricken. To deny the request for entry of default against cross -defendant Nex Gen Electric LLC. Explanation: Motion to Strike Cross -Defendant's Answer to Cross -Complaint “[A] corporation, unlike a natural person, cannot represen t itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be repres...

2024.06.13 Motion to Consolidate Actions 862
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.13

Excerpt: ...Superior Court Case No. 23CECG01862 is designated as the lead case. Explanation: “When actions 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 or der all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a)....

2024.06.13 Motion to Compel Arbitration 449
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.06.13

Excerpt: ... to the Fe deral Arbitration Act (“FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C., § 2.) The parties ap...

2024.06.13 Motion for Summary Adjudication of Punitive Damages 758
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.06.13

Excerpt: ... Logistics, LLC. SIO Logistics, LLC is directed to submit to the court a proposed judgment consistent with the summary judgment rulings within ten (10) days from the date of this order. Explanation: Summary Judgment/Adjudication Generally A trial court shall g rant 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); Schacter v. Ci...

2024.06.13 Motion for Stay 155
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.13

Excerpt: ...n of two Court of Appeals cases presently before the First District Court of Appeals Case No. A16934, West Contra Costa Uniﬁed School District v. Superior Court, and the Second District Court of Appeals, Division 6, Case No. B334707, Roe #2 v. Superior Court. Both actions pending are petitions for writs of mandate.1 Defendant moves solely under the court's inherent authority to control its docket. (E.g., OTO, LLC v. Kho (2019) 8 Cal.5th 111, 14...

2024.06.13 Motion for Preliminary Approval of Class Settlement 825
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.13

Excerpt: ...nt also requires certiﬁcation of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the ﬁnal approval hearing; the notice to be given to th e class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certiﬁed the actio...

2024.06.13 Motion for Judgment on the Pleadings 648
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.13

Excerpt: ...x) have dismissed most of the causes of action in their Complaint against defendant Martin McCubbin (McCubbin). One cause of action arising out of a bar ﬁght caused by McCubbin in October 2022 remains for each plaintiff. For plaintiff Wilson, only the third ca use of action for assault and battery remains. For plaintiff Press Box, only the sixth cause of action for private nuisance remains. Meet and Confer Before ﬁling their amended motion fo...

2024.06.13 Motion for Attorney Fees 520
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.13

Excerpt: ... m e r 's Supplemental Declaration. The court did not consider paragraphs 2 and 3 for this motion. Merits A special motion to strike (“anti -SLAPP motion”) provides a procedural remedy to dismiss nonmeritorious litigation meant to chill the valid exercise of the con stitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a).) On January 11, 2024, this court granted, in part, defendant Harris' anti -SLAPP mo...

2024.06.12 Demurrer, Motion to Strike 289
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.12

Excerpt: ...i xth, and eighth causes of action, with leave to amend. Plaintiff is granted 10 days' leave to ﬁle the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the demurrer to the ninth cause of action. As to defendant North Anna Gardens Homeowners Association No. 4, to sustain the demurrer to the second, third and sixth causes of action, with leav...

2024.06.12 Motion for Attorney Fees, to Strike or Tax Costs 296
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.12

Excerpt: ...., Inc. to The Barry Law Firm within 30 days of the clerk's service of this minute order. Toyota Motor Sales U.S.A., Inc.'s motion to strike the costs in its entirety is denied, but its alternative motion to tax costs is granted, in part, and denied, in part. E xplanation: Attorneys' Fees A prevailing consumer in an action under the Magnuson -Moss Warranty Act (“MMWA”) “may be allowed by the court to recover as part of the judgment a sum eq...

2024.06.12 Motion for Preliminary Approval of Class Action Settlement 501
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.12

Excerpt: ...action has already been certiﬁed, the court need not address this issue. Settlement Approval “[I]n the ﬁnal analysis it is the Court that bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent meri t of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a ﬁduciary resp...

2024.06.12 Motion for Sanctions 113
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.06.12

Excerpt: ...Code of Ci vil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” and sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel a deposition is gr anted, failure to obey an order compelling attendance at deposition may result in more severe sanctions, including evidence, issue or terminating sanctions, or further moneta...

2024.06.12 Motion to Strike 290
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.12

Excerpt: ...n to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who ﬁled the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is ﬁled, the responding party shall meet and confer again with the party who ﬁled the amen...

2024.06.11 Motions to Compel Responses, for Monetary Sanctions 961
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.11

Excerpt: ...ring on this motion, the court intends to grant plaintiffs' motions to compel defendant Bains to serve veriﬁed responses to the form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one. The court also intends to grant the motion to deem defendant Bains to have admitted the truth of the matters in the requests for admissions, set one. The court also intends to grant monetary sanctions aga...

2024.06.11 Motion to Strike Punitive Damages 395
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.11

Excerpt: ...�led a First Amended Complaint (“FAC”) against defendants Evan Bazan, the Estate of John Zavala, and Estele Bazan regarding an auto collision that occurred on June 7, 2022. Defendant Evan Bazan (“Defendant”) moves to strike the prayer for punitive damages and the Exemp lary Damages Attachment to the FAC as improper.1 Pleadings are to be construed liberally with a view to substantial justice between the parties. (Code Civ. Proc. § 452.) T...

2024.06.11 Motion to Strike FAC 811
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.11

Excerpt: ...rayer ¶ 3) with leave to amend, but to otherwise deny the motion to strike. (Code Civ. Proc., § 436.) The time in which the complaint may be amended will run from service of the order y the clerk. All new allegations shall be in boldface type. Explanation: Demurrer Con tract causes of action Plaintiff owner of real property located at 24 Buena Vista Avenue, Fairfax, California, sues defendant Allstate Rooﬁng Specialists, Inc., for damage to t...

2024.06.11 Motion to Compel Arbitration, Dismiss Class Claims, Stay Action 195
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.11

Excerpt: ...at, “ [o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitra te the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petition...

2024.06.11 Motion to Compel Arbitration 995
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.11

Excerpt: ...plains that it is a delivery service based in Ontario, California, and that it makes local deliveries in California for clients such as codefendant Amazon Logistics, Inc. (Mot. at p. 1:13; Saini, Decl. ¶3.) LPL further explains that it employed plaintiff seasonally and di rected him to “pick up packages from the Amazon delivery location in Fresno, California, and deliver them locally.” (Ibid.) LPL preemptively contends that section 1 of the ...

2024.06.11 Motion for Summary Judgment 861
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.11

Excerpt: ...s of Wild Water Adventure Park, owned and operated by defendant, Clovis Lakes Associates, LLC, dba Wild Water Adventures (“Clovis Lakes”). A cause of action for premises liability is governed by the same legal principles of negligence. (Pineda v. Ennabe (1998) 61 Ca l.App.4th 1403, 1407.) In order to prevail on a negligence cause of action, a plaintiff must prove duty, breach, proximate cause, and damages. Defendant Clovis Lakes moves for sum...

2024.06.11 Motion for Leave to Amend 792
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.11

Excerpt: ... “The c ourt may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc. § 473, subd. (a)(1); see also Code Civ. Proc. § 576.) Judicial policy favors resolution of cases on the merits, and thus t he court's discretion as to allowing amendments will usually be exercised in favor of permitting amendments. This policy is so strong, that denial of a request to amend is rarely ...

2024.06.11 Motion for Judgment on the Pleadings 792
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.11

Excerpt: ... in which the complaint (second cause of action only) may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: This is a medical negligence action arising out of a procedure performed on decedent Ju lia de la Cruz on 5/11/2020. The Complaint ﬁled on 5/15/2023 alleges that decedent passed away on 5/13/2020 as a result of the negligence by defendant Fresno Ambulatory Surgery Cente...

2024.06.06 Motion for Approval of PAGA Settlement 227
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.06

Excerpt: ...violations of the Labor Code allegedly experienced individually, violations of California's Unfair Competition Law (Bus & Prof. Code § 17200, et seq.), and a representative PAGA action. The complaint's causes of action for Labor Code violations are not plead or brou ght as a class action. The parties reached a settlement of the PAGA claim for which they seek court approval. The court previously denied approval of the settlement on January 3, 202...

2024.06.06 Motion for Protective Order 066
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.06

Excerpt: ... days of the date of service of this order. Explanation: This motion is procedurally deﬁcient. Defendants Veer Hospitality, LLC, Himanshu Sarvaiya, Jenita Sarvaiya and NSR Hotels (“moving defendants”) ﬁled this motion on February 26, 2024, seeking relief, in part, pursuant to section 2031.060 of the Code of Civil Procedure.2 Moving defendants speciﬁcally condition relief upon the outcome of their motion to consolidate. (Mot. at p. 5:4 -...

2024.06.06 Motion for Summary Adjudication, for Summary Judgment 105
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.06

Excerpt: ...tion of Santé Physic ians IPA Medical Corp.'s (“Santé”) affirmative defenses: statute of limitations, laches, unclean hands, waiver, estoppel, failure to state a cause of action, lack of speciﬁcity, and failure to mitigate damages. (Code Civ. Proc., § 437c, sud. (f)(1).) To deny Santé's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (c).) Explanation: In this action plaintiff Fresno Community Hospital & Medical Center sue...

2024.06.06 Motion for Summary Judgment 513
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.06

Excerpt: ...planation: Defendants Saqib Rashid, M.D. and Juan G. Chavez, M.D. move independently for summary judgment of plaintiff Debbie Frabotta's complaint alleging a cause of action for Medical Malpractice and Wrongful Death related to the medical care provided by each to d ecedent Michael Frabotta on June 29, 2021 and June 30, 2021. As the moving parties, defendants bear the initial burden of proof to show that plaintiff cannot establish one or more ele...

2024.06.06 Motion to Deem RFAs Admitted, Compel Initial Responses, for Interlocutory Judgment 258
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.06

Excerpt: ...Knight for an Order Compelling Initial Responses by Defendant Christopher S. Kelley on Form Interrogatories, Set One, and Special Interrogatories, Set One; and Request for Sanctions (4) by Plaintiff Amy L. Knight for Interlocutory Judgment To deny all of the disc overy motions. To deny the motion for interlocutory judgment, without prejudice. If oral argument is timely requested, such argument will be entertained on Friday, June 7, 2024, at 11:00...

2024.06.06 Motion to Quash Subpoenas Duces Tecum 223
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.06.06

Excerpt: ...t the subpoenas seek conﬁdential and private information, seek information that is not relevant or likely to lead to the discovery of admissible evidence, and the information sought is in the possession of the parties. Under Code of Civil Procedure section 19 87.1, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an ...

2024.06.06 Motion to Tax Costs 428
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.06

Excerpt: ...any action or proceeding.” “‘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 that defendant.” (Code Civ. Proc., § 1032, subd. (a)(4).) Here, plaintiffs were clearly the “prevailing party” in the litigation, as defen...

2024.06.05 Motion to Disqualify Counsel 148
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.05

Excerpt: ...ich is “subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlem ent of any civil action ﬁled pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

2024.06.05 Motion to Compel Initial Responses, for Sanctions 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.05

2024.06.05 Motion for Reconsideration 674
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.06.05

Excerpt: ...h states in p ertinent part: When an application for an order has been made to a judge, or to a court, and … granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based on new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, o...

2024.06.05 Motion for Leave to File Amended Complaint 144
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.05

Excerpt: ...er by the clerk. A ll new allegations in the amended complaint are to be set in boldface type. 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, subd. (a); see also, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776 -777; Mabie v. Hyatt ...

2024.06.05 Motion for Attorney Fees 977
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.06.05

2024.06.05 Motion for Attorney Fees 682
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.05

Excerpt: ...il Proc edure section 874.010 provides that the costs of a partition action can include the reasonable attorney's fees incurred for the common beneﬁt. (Code Civ. Proc., § 874.010, subd. (a).) Code of Civil Procedure section 874.040 provides for apportionment of costs in a partition action. It requires the court to apportion costs in proportion to the parties' respective interests in the property or “as may be equitable.” (Code Civ. Proc., ...

2024.06.05 Motion for Approval of PAGA Settlement 449
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.06.05

2024.06.05 Demurrer, Motion to Strike Punitive Damages of TAC 531
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.05

Excerpt: ...ave to am end. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and ﬁle an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC (“D efendant”) demurs to the ﬁfth cause of action, for fraudulent concealment of the Third Amended Complaint (“TAC”) by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (co...

2024.06.04 Demurrer 150
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.04

Excerpt: ...he demurr er to the answer. Explanation: Demurrer to Cross -Complaint A demurrer challenges defects apparent from the face of the pleading and matters subject to judicial notice. (Blank v. Kirwan (1985) 30 Cal.3d 311, 318; Code Civ. Proc., § 422.10 [“The pleadings a llowed in civil actions are complaints, demurrers, answers, and cross -complaints.”].) In determining a pleading is sufficient to withstand a demurrer, the court is guided by the...

2024.06.04 Motion to Compel Arbitration 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.06.04

Excerpt: ...res ar bitration of two issues: (1) whether the insured is entitled to recover against the uninsured motorist and (2) if so, the amount of the damages. (Freeman v. State Far, Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 480.) The arbitration provision of Insurance C ode section 11580.2 governs both uninsured (UI) and underinsured claims (UIM). (Chrisman v. Superior Court (1987) 191 Cal.App.3d 1465, 1470.) Here the insurance policy at issue provides,...

2024.06.04 Demurrer 229
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.04

Excerpt: ...tiff SPI Solar, Inc. (“Plaintiff”) as to each of the four causes of action for: (1) breach of contract; (2) speciﬁc performance; (3) injunctive relief; and (4) declaratory relief. Defendant demurs on the grounds of failure to state sufficient facts to support a cause of action. The Complaint relies on an industrial/commercial tenant lease, which housed a purchase option for a period between September 15, 2019, and June 30, 2022. In determin...

2024.06.04 Motion to Compel Arbitration 412
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.06.04

Excerpt: ... class is deﬁ ned as “all current and former hourlypaid or non- exempt employees of Defendants within the State of California at any time during the period from four years preceding the ﬁling of this Complaint to ﬁnal judgment.” (Complaint, ¶ 13.) Defendant now seeks a n order compelling plaintiff to private arbitration of her individual claims, and dismissal of the class claims. In moving to compel arbitration, defendants must prove b...

2024.05.30 Motion to Lift Stay of Judicial Proceedings, for Sanctions 118
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.30

Excerpt: ...ursuant to Code of Civil Procedure section 1281.982. Defendants oppose on two grounds: the Federal Arbitration Act (“FAA”) governs the arbitration agreement, and precludes the application of the state statute due to preemption; and should the court ﬁnd no preemption , defendants are not in material breach of the arbitration agreement. Code of Civil Procedure section 1281.98 provides, in pertinent part: In an employment or consumer arbitrati...

2024.05.30 Motion to Compel Further Responses, for Monetary Sanctions 912
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.30

Excerpt: ...ays afte r the responses in question, or any supplemental responses, were served, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2030.300, subd. (c) — Interrogatories; 2033.290, subd. (c) —Admissions; 2031.310, subd. (c) —Inspection Demand s.) Delaying in ﬁling the motion beyond the 45 -day time limit waives the right to compel a further response to the discovery. This time is mandatory and jurisdictional, an...

2024.05.30 Motion to Compel Answers 545
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.05.30

Excerpt: ...order by the clerk, plaintiff Jovanna Alford shall serve objection - free responses to the Supplemental Interrogatory and Supplemental Demand for Production. To grant sanctions against plaintiff, Jovanna Alford, and her counsel, Franz Criego, jointly and severally , in the amount of $480.00, to be paid within twenty (20) calendar days from the date of service of the minute order by the clerk. Explanation: Motion to Compel Supplemental interrogato...

2024.05.30 Motion to Approve Settlement to Labor Code PAGA 471
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.30

Excerpt: ...ich is “subject t o trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlement of any civil action ﬁled pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

2024.05.30 Motion for Summary Judgment 503
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.30

Excerpt: ...rectly contrac ted, Sovena also sues Kathy Biggs (“Kathy”), Patrick Biggs (“Patrick”) and Tank Construction & Engineering, Inc. (“TCE”) for: (1) Breach of Written Contract, (2) Breach of Express Warranty and (3) Rescission. Patrick now moves for summary judgment. Patric k shows, and Sovena does not dispute, that for direct liability each cause of action requires privity of contract, which does not exist here because Patrick was not a ...

2024.05.30 Motion for Leave to File FAC 199
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.30

Excerpt: ...intiff shall serv e and ﬁle its ﬁrst amended complaint within 10 days of the date of service of this order. To grant cross -complainant's motion for leave to ﬁle a ﬁrst amended crosscomplaint. (Code Civ. Proc. § 473.) Cross -complainant shall serve and ﬁle its ﬁrst ame nded cross-complaint within 10 days of the service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in further...

2024.05.30 Motion for Judgment on the Pleadings 773
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.05.30

Excerpt: ...mmon law or judicially declared forms of liability for public entities, except for such liability as may be required by the federal or state Constitution. Thus, in the absence of some constitutional requirement, public entities may be liable only if a statute declares them to be liable. Moreover, under subdivision (b) of section 815, the immunity provisions of the California Tort Claims Act will generally prevail over any liabilities established ...

2024.05.29 Motion to Compel Responses 461
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.29

Excerpt: ....290(b), 2031.300(b).) Defendant is ordered to serve complete veriﬁed responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To impose monetary sanctions in favor of Plaintiff Star Properties, LLC, and against Defendant Ali Baba G and H, Inc. (Code Civ. Proc. §§ 2023.010 (d), 2030.290 (c), 2031.300(c).) Defendant is ordered to pay $1,815.00 in sanctions to Tomassian, Pimentel ...

2024.05.29 Motion to Compel Arbitration 371
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.05.29

Excerpt: ...rate.” (G arlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) “Thus, in ruling on a motion to compel arbitration, the court must ﬁrst determine whether the parties actually agreed to arbitrate the dispute.” (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant Kia America, Inc. moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail installment sales cont...

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

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