Excerpt: ...Dem urrer: Defendant GM has argued that the fifth cause of action fails to state facts sufficient to constitute a cause of action for fraud because plaintiff has failed to plead specific facts to support the elements of his claim, including who made the misrep resentations, their authority to speak, when the misrepresentations were made, by what means they were made, and how plaintiff relied on the representations and was damaged by them. (Tarm...

Excerpt: ...ed to submit a new proposed order. To set a status conference for Thursday, December 5, 2024, 3:30 p.m. in Department 403. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class an d found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its d...

Excerpt: ...arty is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendant. Explanation: Defendant Michelle Evans demurs on the basis that the complaint filed by plaintiff Nationwide Insurance Company of America (“Nationwide”) fails to state fact sufficient to state a cause of action, improperly omits a necessary defendant, and that there is another action p...

Excerpt: ...he acti on pending arbitration. Pursuant to the Federal 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 con...

Excerpt: ...xc ept as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) “Thus, u nder Code of Civil Procedure section 425.16, subdivision (c), any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. M...

Excerpt: ...tled to disgor gement from defendants of the $52,017.90 paid to defendants. Explanation: Pursuant to Code of Civil Procedure section 437c, subdivision (f), plaintiffs seek summary adjudication of the first cause of action for Violation of Contractor License Law – Contra cting Without a License. Plaintiffs seek disgorgement of all sums paid to defendants for construction work requiring a contractor's license, the sum of $50,295.51. The motion w...

Excerpt: ...cati on 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 the class; and any oth er 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 action as a class action, not...

Excerpt: ...parties outs ide of the presence of the court or orally before the court, for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdic tion over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statut...

Excerpt: ...r issues in the case. Defendant city appears to argue that trying the issue of exhaustion of administrative remedies separate from the merits is mandatory here. Defendant city relies on Hill RHF Housing Partners v. City of Los Angeles (2020) 51 Cal.App.5th 621, 634 for its position that exhaustion of administrative remedies is a threshold question which is required to be addressed before considering the merits. This case has been overruled. (Hill...

Excerpt: ...erguson ("Plaintiff"). Plaintiff alleges decedent's passing on November 21, 2019, was the result of negligent medical care provided by defendants, including Scott Ford, M.D. ("Dr. Ford"), after a motor vehicle accident in which decedent was injured. Allegations of the Complaint The accident occurred on October 26, 2019. Plaintiff alleges decedent was a seat -belted passenger in a vehicle that was struck by a drunk driver. Dece...

Excerpt: ...moti on to strike shall be entitled to recover that defendant's attorney's fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) “Thus, under Code of Civil Procedure section 425.16, subdivision (c), any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131, citations omitted.) “The amount of an attorney fee award under the anti -SLAPP...

Excerpt: ... leave to amend. To overrule the demurrer for the third and sixth causes of action as to plaintiff Rafael Gonzalez- Silva. (Code Civ. Proc., § 430.10, subd. (e).) Each request for judicial notice is granted. (Evid. Code, § 452, subds. (d), (h).) Plaintiffs are grant ed 20 days' leave to file the Third Amended Complaint. The time in which the Third Amended Complaint can be amended will run from service by the clerk of the minute order. All new ...

Excerpt: ... against p laintiff Malik Powe payable no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. Explanation: Code of Civil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discov ery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel answers is granted, c...

Excerpt: ...d prayer for relief items 1, 3 and 8, without leave to amend. (Code Civ. Proc., § 436.) Cross -defendants shall file their answer to the FACC within 10 days of service of the order by the clerk. Explanation: Demurrer Plaintiff's personal injury complaint alleges cause s of action for premises liability and negligence against Fresno -Bullard Park I Owners' Association (“Fresno -Bullard”). Fresno -Bullard has filed a cross -complaint against...

Excerpt: ...owing that “the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a)(2).) According to plaintiffs' attorney, Mr. Cleveland “suffers from age -related decline in health, suffers from increasing deterioration of his spinal column having had microdisectomy with a fusion surgery scheduled sometime in the summer 2024 and is in the final stag...

Excerpt: ...ent 403. Explanation: A plaintiff may request a continuance by filing a declaration explaining why further discovery is essential to opposing the motion for summary judgment and why additional time is needed. (Code Civ. Proc., § 437c, subd. (h); Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1270.) The declaration must show facts that establish a likelihood that evidence may exist which would create a triable issue of fact,...

Excerpt: ...es for a n order directing the sheriff to seize 31 items of property (mostly shipping containers and helicopter manufacturing equipment) from Hiller at 925 M Street in Firebaugh, California. This noticed motion was followed the denial of plaintiff's ex parte applic ation for the same relief. The motion is brought pursuant to Code of Civil Procedure section 699.030, which provides, The judgment creditor may apply to the court ex parte, or on notic...

Excerpt: ... Cal.App .4th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5.)1 When reviewing a pleading, a demurrer or motion for judgment on the pleadings admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole a...

Excerpt: ...e to amend, defendant's general demurrer to the First Amended Complaint's fifth cause of action for “Fraudulent Inducement -Concealment” on the basis that plaintiff had insufficiently pled a relationship with defendant General Motors, LLC to give rise to a duty to dis close the alleged concealed material facts regarding plaintiff's vehicle. On December 14, 2023 plaintiff filed the Second Amended Complaint (“SAC”) which is now the subjec...

Excerpt: ... adm itted that plaintiff's injuries were caused entirely by defendant's and its employee Daniel Willard's negligence, that plaintiff did not contribute to the accident through her own negligence, and that no third party contributed to the accident. As plainti ff points out, the court previously granted an order deeming STA to have admitted the truth of the matters in the requests for admission after defendant failed to verify its responses. (See...

Excerpt: ...that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.) Unless there is a dispute over authenticity, the mere recitation of the terms is sufficient for a party to move to compel arbitration. (Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793.) The moving party has the burden of proving the existence of a valid arbitration agreement. (Pinn...

Excerpt: ...s brought under Code of Civil Procedure section 418.10, which provides that the last day to file the notice of motion for a defendant who has not yet appeared in the action is when the responsive pleading to the complaint is due. However, “[t]he provisions of Sec tion 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” (Code Civ. Proc., § 410.30, subd. (b).) Here, plaintiffs' comp...

Excerpt: ...Proc. § 430. 20, subd. (a) and (b).) To overrule the general and special demurrer for uncertainty to the Amended Cross -Complaint. (Code Civ. Proc. § 430,10, subd. (e) and (f).) To sustain the general and special demurrers to the first, third, fourth, and fifth cause of action. (Code Civ. Proc. § 430.10, subd. (e) and (f).) To overrule the general and special demurrers to the second cause of action. (Code Civ Proc., § 430.10, subd. (e) and ...

Excerpt: ... to def ective moving papers. Explanation: This motion arises out of a Third Amended Complaint (“TAC”) filed February 14, 2024 alleging 1) premises liability against defendant Noble Federal Credit Union and 2) dangerous condition of public property against defenda nt City of Fresno. It does not appear that defendant Noble Federal Credit Union has been served with a Summons or the Third Amended Complaint yet. Defendant City brings this demurr...

Excerpt: ... reque sting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted... The court shall make this order, unless it finds that the party to whom the requests for admission have bee n directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc.,...