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1095 Results

Location: Fresno x
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...
2020.09.22 Motion to Compel Deposition of PMK, to Compel Further Responses 374
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Motion for Summary Judgment, Adjudication 988
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Motion to Compel Further Responses 401
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.17 Motion to Set Aside Default 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.17
Excerpt: ...ceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.” Relief under section 473, subdivision (b) can be based either on: an “attorney affidavit of fault,” in which event relief is mandatory; or declarations or other evidence showing “mistake, inadvertence, surprise or excusable neglect,” in which event relief is discretionary. Code of Civil Procedure section 473, subdivision (b) also p...
2020.09.17 Motion for Consolidation of Cases, for Compulsory Joinder of Minors 751
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.09.17
Excerpt: ...dwin, case number 18CECG01751, shall be the lead case. To deny defendant's motion for compulsory joinder of the minors. (Code Civ. Proc., § 389.) Explanation: Motion to Consolidate Cases Under Code of Civil Procedure section 1048, subdivision (a), "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 order all the acti...
2020.09.17 Motion for Approval of PAGA Settlement 851
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.09.17
Excerpt: ...ng that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549; 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 court in O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F....
2020.09.17 Demurrer 503
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.17
Excerpt: ...test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint against the demurrer, we treat the demurrer as admitting all material facts properly pleaded, bearing in mind the appellate courts' ...
2020.09.16 Special Motion to Strike, Demurrer 284
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.16
Excerpt: ...Explanation: Special Motion to Strike: Code of Civil Procedure section 425.16 provides, “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there ...
2020.09.16 Motion for Summary Judgment, Adjudication 358
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.16
Excerpt: ...y adjudication as to all claims alleged against Signal Energy Constructors, LLC. To grant summary adjudication as to vicarious liability only, with regard to Signal Energy, LLC. To deny summary adjudication in all other respects. Explanation: A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co...
2020.09.16 Motion for Summary Judgment, Adjudication 227
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.09.16
Excerpt: ... 437c.) To deny defendants' motion for summary judgment, and the alternative motion for summary adjudication. (Ibid.) Explanation: Plaintiff's Motion for Summary Judgment/Adjudication Initially, to the extent plaintiff has moved for summary judgment or adjudication of its sole cause of action for judicial foreclosure, the motion is problematic because, as plaintiff admits, the Modoc parcel that constitutes the security for the loan has already be...
2020.09.16 Motion for Judgment on the Pleadings 915
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.16
Excerpt: ...ter Dal Pezzo, on all causes of action, based on lack of standing, with leave to amend; 3) to the extent plaintiffs can sufficiently plead delayed discovery and Mr. Dal Pezzo's standing, to deny the motion as to the two breach causes of action; 4) to grant the motion as to the Consumer Legal Remedies Act (CLRA) cause of action with regard to the LLC plaintiff, Scuderia Dal Pezzo, LLC, without leave to amend; and 5) to the extent plaintiffs can su...
2020.09.15 Demurrer 926
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.15
Excerpt: ...the legal sufficiency of the complaint, raising issues of law regarding the form or content of the pleading. A general demurrer for failure to state a cause of action asks the court to consider whether all essential elements of each cause of action have been alleged. (Code Civ. Proc., §§ 422.10, 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) In ruling on a demurrer, the court should construe the complaint liberally “wit...
2020.09.15 Motion for Summary Adjudication 867
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.15
Excerpt: ...ruled. (Williams v. Saga Enterprises, Inc. (1990) 225 Cal.App.3d 142, 149; Walter E. Heller Western, Inc. v. Tecrim Corp. (1987) 196 Cal.App.3d 149, 158.) The remaining objections to evidence are not material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) Explanation: Summary Adjudication Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punit...
2020.09.15 Demurrer, Motion to Strike 413
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.15
Excerpt: ...ke, without leave to amend. Defendant Hudson Insurance Company is granted 10 days' leave to file its answer to the complaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Plaintiff does not oppose the motion to strike the prayer and allegations regarding punitive damages, so it is granted. As for the demurrer for uncertainty, defendant fails to specify what is uncertain about the s...
2020.09.10 Motion to Compel Deposition, for Sanctions 165
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.10
Excerpt: ...equested documents on or before September 20, 2020. To impose monetary sanctions in the amount of $ 4,950 against defendant Fresno Community Hospital & Medical Center and its attorneys of record, King & Spalding LLP. (Code Civ. Proc., § 2025.450.) Sanctions must be paid to Carpenter Law within 30 days after service of this order. If oral argument is requested, the court will consider the additional costs incurred for plaintiff. Explanation: A pa...
2020.09.10 Motion for Class Certification and Preliminary Approval of Settlement 150
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.10
Excerpt: ...1, 620.) California requires admissible proof sufficient to meet the substantial evidence test. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470; Lockhead Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1106.) “Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of interest, and (3) that certification will provide substantial benefits to litigants and the c...
2020.09.09 Motion to Quash Deposition Subpoena, for Protective Order 569
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.09
Excerpt: ...grant monetary sanctions against John Waterman in the amount of $1,460.00, payable within 30 days of the date of this order, with the time to run from the service of this minute order by the clerk. Defendants may re‐notice the deposition at a mutually convenient date and time, and Mr. Waterman shall appear and be deposed. Explanation: As an initial matter, the court notes that defendants Rite Aid Corporation and Thrifty PayLess, Inc. (collectiv...
2020.09.09 Motion for Leave to Amend Complaint 089
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.09
Excerpt: ...adjudication be deemed to seek summary adjudication of the First Amended Complaint's (“FAC”) seventh cause of action. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) Plaintiff shall file and serve the First Amended Complaint within 5 days of service of the order by the clerk. To grant SCCCD's motion to compel answers to deposition questions as to question numbers 30‐35 (as set forth in SCCCD's separate statement), and to deny the remainder ...
2020.09.09 Motion for Judgment on the Pleadings 585
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.09
Excerpt: ...cussed below. (Code Civ. Proc. § 438.) To grant leave to amend. Plaintiff shall file and serve his first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. To grant defendants Bank of America and Countrywide Bank's motion for judgment on the pleadings as to the entire complaint. To grant leave to amend as to the first and tenth causes of action, but to deny leave to amend as to the ot...
2020.09.09 Motion for Class Certification and Preliminary Approval of Settlement 026
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.09
Excerpt: ... CLASS CERTIFICATION “Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class represen...
2020.09.09 Demurrer 909
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2020.09.09
Excerpt: ...l essential elements of each cause of action have been alleged. (Code Civ. Proc., §§ 422.10 and 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) In ruling on a demurrer, the court should construe the complaint liberally “with a view to substantial justice between the parties.” (Code Civ. Proc., § 452; Stevens v. Sup.Ct. (API Auto Ins. Services) (1999) 75 Cal.App.4th 594, 601; Perez v. Golden Empire Transit Dist. (2012)...
2020.09.09 Demurrer 559
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.09
Excerpt: ... be set in boldface type. Explanation: General Standard of Ruling The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlander...
2020.09.09 Demurrer 309
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.09.09
Excerpt: ...d. Should plaintiffs desire to file a Second Amended Complaint, that must be done in 20 days from the date of this order and any new allegations must be in bold print. Explanation: I. Demurrer General Standard of Ruling The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545) The test is whether plaintiff has succeeded in stating a cause of action;...
2020.09.08 Motion for Summary Judgment, Adjudication 275
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2020.09.08
Excerpt: ...of action five: Summary adjudication is denied as to cause of action five, as it applies to defendant Solorio. Summary adjudication is granted for sexual, gender, and national origin/racial discrimination only, as to Sarama and denied on all other bases. To the extent claims against Kalel, Inc. are derivative, they are granted and denied accordingly. Causes of action six and seven: Summary adjudication is denied. Explanation: Plaintiff alleges th...

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