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1353 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...
2021.05.06 Motion to Compel Compliance with Deposition Subpoena 644
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.05.06
Excerpt: ... Meadows Senior Living, LLC's Deposition Subpoenas issued on August 20, 2020, within 30 days of moving defendant's service of this order on the Custodian of Records. (Code Civ. Proc., § 1987.1.) Explanation: Defendant Sierra Meadows Senior Living, LLC's motion was timely filed. It seeks medical, radiology and billing records from Clovis Community Medical Center. While defendant received medical records directly from plaintiff, there was legitima...
2021.05.06 Motion for Summary Judgment, Adjudication 374
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.05.06
Excerpt: .... (Code Civ. Proc. § 437c.) Explanation: Defendants DPM and CPN contend that they are entitled to summary judgment because they were not beneficiaries of the asset purchase agreement between FirstChoice and Vantage that is at the heart of plaintiff's claim. They contend that they were “innocent bystanders” to the FirstChoice‐Vantage asset transfer, and therefore they cannot be held liable under the Uniform Voidable Transfers Act (UVTA). In...
2021.05.06 Motion for Leave to File Complaint 085
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.06
Excerpt: ...ollowing: [¶] (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross‐complaint [¶] (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him ….” (Code Civ. Proc., § 428.10, subd. (b); see also Newhall Land and Farming Co. v. McCarthy Const. (20...
2021.05.06 Motion for Class Certification 108
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.05.06
Excerpt: ...ts tentative ruling indicating that it was going to deny the motion for preliminary approval of the class settlement without prejudice, as the parties had not resolved all of the court's concerns with the prior motions. Specifically, the court found that the class met the requirements for class certification, the class counsel was adequate, and most of the class representatives were appropriate. However, the court also found that one of the class...
2021.05.06 Motion to Strike 035
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.05.06
Excerpt: ... “irrelevant, false or improper” matters or “a demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b).) A motion to strike is the proper procedure to challenge an improper request for relief, or improper remedy, within a complaint. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166‐167.) Defendants claim that there are insufficient facts to support a claim ...
2021.05.05 Motion to Compel Deposition of PMQ 044
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.05.05
Excerpt: ... the motion to compel after defense counsel informed him that defendant would not be producing the witness for the deposition. Plaintiff's counsel served the deposition notice on December 18, 2020 for the deposition of the hospital's PMQ. (Collins decl., ¶ 11.) Defense counsel stated on December 20, 2020 that the hospital would not be producing the witness for deposition, at least on the date unilaterally selected by plaintiff's counsel. (Id. at...
2021.05.05 Motion for Preliminary Approval of Settlement 457
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.05.05
Excerpt: ...le Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for sett...
2021.05.05 Demurrer 617
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2021.05.05
Excerpt: ...ond cause of action in plaintiff's Complaint on grounds of misjoinder. (Code Civ. Proc., § 430.10, subd. (d).) Defendants contend that plaintiff's Complaint alleges two separate occurrences resulting in bodily injury: a trip and fall (first cause of action) and a motor vehicle accident (second cause of action), that the two events are separated by 427 days, that there are no allegations suggesting the events are related or resulted in overlappin...
2021.05.04 Special Motion to Strike FAC, for Sanctions 390
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.05.04
Excerpt: ...nder penalty of perjury, to support facts stated in their opposition brief to defendants' anti‐SLAPP motion. No further briefing is authorized by this order, but only the supplemental declaration by Mr. Dawood in support of the anti‐SLAPP motion, and any evidentiary objections defendants wish to file regarding that declaration. The supplemental declaration shall be filed on or before May 13, 2021, and any evidentiary objections shall be filed...
2021.05.04 Motion for Summary Adjudication 651
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.05.04
Excerpt: ...djudication as to one or more causes of action within an action . . . if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action . . . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action.” Subdivision (p)(1) addresses summary adjudication when sought by the plaintiff: “A plaintiff . . . has met his or her burden of showing that t...
2021.04.29 Motion for Class Certification and Preliminary Approval of Settlement 134
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.04.29
Excerpt: ...nary settlement approval must be remedied before the instant motion can be granted. Class Certification With regard to class certification, the following issues exist: (1) additional evidence is needed to support a finding that plaintiff possesses claims or defenses typical of the class; and (2) additional evidence is needed to support a finding that certification will provide substantial benefits to litigants and the courts. 1. Additional eviden...
2021.04.29 Motion for Attorney Fees 227
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.04.29
Excerpt: ...served by May 20, 2021. Defendants shall file and serve any supplemental opposition by June 10, 2021. Explanation: Under Civil Code section 1717, subdivision (a), “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on ...
2021.04.29 Motion to Quash Service of Summons and Complaint 792
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.04.29
Excerpt: ...s that he has no minimum contacts with the State of California and there is therefore no basis for exercising jurisdiction over him. He alleges that he is a resident of Ohio, he has never lived or worked in California, and he does not do business in the state. He has no real estate or other property in California. He has never filed a lawsuit in California, or consented to its jurisdiction over him. (See Theken Decl., ¶¶ 2‐8.) He did not empl...
2021.04.29 Motion to Appoint Discovery Referee 015
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.29
Excerpt: ... any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640: … When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon.” (Code Civ. Proc., § 639, subd. (a)(5).) ...
2021.04.29 OSC Re Preliminary Injunction 314
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.04.29
Excerpt: ...e preservation of the status quo until a final determination of the merits of the action.” (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528.) In considering whether to issue a preliminary injunction, the court should consider (1) the likelihood that the moving party will prevail on the merits at trial, and (2) the interim harm that the moving party is likely to sustain if the injunction were denied as compared to the harm that the oppo...
2021.04.28 Special Motion to Strike 495
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.28
Excerpt: ...medy to dismiss nonmeritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute: first, the court decides whether defendant has made a threshold showing that t...
2021.04.28 Motion to Determine Entitlement, Fix Amount of Attorney Fees on Appeal 415
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.28
Excerpt: ...y brief on this motion. If a hearing on this motion is necessary, the court will award an additional $350 in attorney fees. Costs on appeal are fixed in the total amount of $1,165.65, in accordance with the unopposed Memorandum of Costs on Appeal in the amount of $1,100.40 plus the filing fee of $65.25 associated with this motion. Explanation: An award of costs on appeal, as the appellate court awarded here, does not include an award of appellate...
2021.04.27 Motion to Compel Further Responses, for Monetary Sanctions 563
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.04.27
Excerpt: ... of the date of this order, defendant shall provide the identifying information of those persons who were facility residents and their responsible persons during the time period of May 26, 2017, to April 27, 2021. This information shall be provided to third party administrator CPT Group, which shall mail out a notice letter to the residents and their responsible persons, giving them the opportunity to opt into disclosure of their information to p...
2021.04.27 Motion for Terminating Sanctions 193
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.04.27
Excerpt: ...intiff in the amount of $555 to be paid to defendant's counsel within 30 days of service of the order. This is in addition to the monetary sanctions in the amount of $1,005 previously ordered that are still outstanding. Explanation: Code of Civil Procedure section 2023.030 authorizes the Court to impose sanctions against any party engaging in conduct that is a misuse of the discovery process, including a terminating sanction dismissing the action...
2021.04.27 Motion for Approval of PAGA Settlement 018
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.04.27
Excerpt: ...bmitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement under PAGA. Nor has the legislature provided any structure or standards for making the assessment. Published California case law has not done so either. However, the common practice when ruling on PAGA settleme...
2021.04.22 Motions for Terminating Sanctions 142
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2021.04.22
Excerpt: ...st for Admissions. Within 5 court days of the continued hearing date, moving party's counsel are directed to file a declaration informing the court whether or not plaintiff has served responses to the discovery. If plaintiff still fails to serve responses, the court will consider granting terminating sanctions. Explanation: On November 6, 2019 defendant served on plaintiff Special Interrogatories, Form Interrogatories, Demand for Production of Do...
2021.04.22 Motion to Declare Vexatious Litigant, to Furnish Security, for Prefiling Order 351
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.04.22
Excerpt: ..., Rory Coetzee, Andrew Westover, Kayleigh Walsh, Raechelle Velarde, and the Law Firm of J. Hector Moreno, Jr. & Associates (“defendants”) to declare plaintiff Madhu Sameer (“plaintiff”) to be a vexatious litigant. (Code Civ. Proc., § 391.) To order plaintiff to post security of $250,000, within 30 days of the date of service of this order, in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) This action is sta...
2021.04.22 Demurrer, Motion to Strike 156
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2021.04.22
Excerpt: ...endants' demurrer to the entire complaint, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Defendants shall submit a judgment of dismissal within five days of the clerk's service of this minute order. Explanation: General Standard of Ruling In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University...
2021.04.21 Motion to Certify Class 039
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2021.04.21
Excerpt: ...numerous, and it is impracticable to bring them all before the court.' ‘[W]e have articulated clear requirements for the certification of a class' under this statute. ‘The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a welldefined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.'” (Noel v....

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