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1881 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...
2022.05.19 Motion to Compel Arbitration and Stay Current Action 366
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.05.19
Excerpt: ...vered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong public policy in favor of ...
2022.05.19 Motion for Summary Judgment, Adjudication 635
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.19
Excerpt: ...., § 473c, subd. (c).) Where defendant is the moving party, summary judgment is proper where defendant demonstrates the absence of an essential element of the plaintiff's case. (Dolquist v. City of Bellflower (1987) 196 Cal.App.3d 261, 266.) “Because of the very drastic nature of the summary judgment statute, power given thereby should be used with caution, and hence when there is doubt as to the propriety of the motion, courts should, without...
2022.05.19 Motion for Summary Judgment 685
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.05.19
Excerpt: ...nd 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 claims and justifying judgment in the movant's favor; and determining whether the opposition d...
2022.05.19 Demurrer, Motion to Strike 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.05.19
Excerpt: ...gence cause of action listed on the First Amended Complaint, Judicial Council Form Item 10, box (b). To deny defendant's motion to strike the legal malpractice cause of action listed on the First Amended Complaint, Judicial Council Form Item 10, box (f). To grant, with leave to amend, defendant's motion to strike the portions of the First Amended Complaint referencing to Exhibits A and B, on the document titled “AMENDED COMPLAINT #1, Causes of ...
2022.05.19 Motion to Set Expert Compensation 640
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.19
Excerpt: ...y sanctions to plaintiff's counsel within 30 days of the date of service of this order. Explanation: “If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert.” (Code Civ. Proc., § 2034.4...
2022.05.18 Motion to Dismiss for Forum Non Conveniens 434
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.18
Excerpt: ...tion it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (Stangvik).) The availability of a suitable alternative forum for the action is critical. As noted by the United States Supreme Court: “In all cases in which the doctrine of forum non conveniens comes into play, it presupposes at least two forums in which the d...
2022.05.18 Motion to Declare Vexatious Litigant 584
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.18
Excerpt: ...propria persona. (Code Civ. Proc., § 391.7.) Explanation: “The vexatious litigant statutes were created to curb misuse of the court system by those acting in propria persona who repeatedly file groundless lawsuits or attempt to relitigate issues previously determined against them.” (Goodrich v. Sierra Vista Regional Medical Center (2016) 246 Cal.App.4th 1260, 1265.) The statutes were intended to “address the problem created by the persiste...
2022.05.18 Demurrer 514
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.18
Excerpt: ...ons shall be in boldface type. Explanation: Demurrer to Complaint Initially, defendants demur to the entire Complaint on the ground that plaintiffs fail to state a cause of action against Maria Navarro because the alter‐ego allegations are insufficient. “To recover on an alter ego theory, a plaintiff need not use the words ‘alter ego,' but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the co...
2022.05.17 Motion to Compel Further Responses 040
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.17
Excerpt: ...gs suit for public disclosure of private facts, intrusion into private affairs, defamation, and false light. Plaintiff alleges, among other things, that he and defendant formerly dated from 2016 to 2018; that in June 2020, defendant began making statements about the parties' relationship; that those statements portrayed plaintiff's actions as unreasonable and unwelcome, and that the parties never dated; that defendant threatened to publish intima...
2022.05.17 Motion for Leave to File TAC 924
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.17
Excerpt: ... 2022 trial date. (Code Civ. Proc., § 473, subd. (a)(2).) The parties are directed to appear at the hearing to schedule a new trial date. Explanation: Plaintiff seeks leave to amend to substitute defendant's true name, Kristine Lynn Ballantyne, as trustee of the Kristine Lynn Ballantyne Revocable Trust dated August 17, 2018 (“Kristine as Trustee”), for Doe 1. Additionally, plaintiff seeks to add allegations, causes of actions and prayers per...
2022.05.17 Motion for Injunction 048
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.17
Excerpt: ...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 opposing party is likely to suffer if the preliminary injunction were issued. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69‐70.) In considering these factors, the court “balances the relative hardships.” (Ibid.) The second fac...
2022.05.12 Demurrer 029
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.12
Excerpt: ... (“RAA”) demur to the twelfth cause of action of the fourth amended complaint, filed on May 19, 2021. In this iteration of the complaint, plaintiffs added RAA to the Private Attorneys General Act (“PAGA”) cause of action for penalties under PAGA. Exhaustion of Administrative Remedies Defendants first contend that plaintiffs failed to exhaust administrative remedies as to RAA. Under PAGA, a plaintiff must comply with statutory prerequisite...
2022.05.12 Motion to Seal Filed Docs 728
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.12
Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) Also, the court must make certain express findings in order to seal records. Specifically, the court must find that the facts establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overridin...
2022.05.12 Motion for Preliminary Approval of Class Settlement 418
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.12
Excerpt: ... requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769(d).) Certification of the Class: The court has already granted certification of the class. Fairness of the Settlement: Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240.) The court has a fiduciary r...
2022.05.12 Motion to Quash Service of Summons 066
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.05.12
Excerpt: ... Civil Procedure section 418.10, subdivision (a). In opposition, plaintiff notes that defendant merely challenges jurisdiction based on a lack of capacity to be sued. Plaintiff argues that a challenge based on capacity is not jurisdictional, and therefore the motion to quash must be denied. The purpose of Code of Civil Procedure section 418.10 is to provide a defendant upon whom service of summons has been made a means to serve and file a notice ...
2022.05.11 Motion to Tax Costs 808
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.11
Excerpt: ...n Plaintiff's counsel attributes the untimely opposition to his “clerical error.” Defendants were able to file a reply and do not assert prejudice. Therefore, the opposition was considered in determining this motion. (See Juarez v. Wash Depot Holdings, Inc. (2018) 24 Cal.App.5th 1197, 1202.) Defendants' reply notes that the requested amount is now $9,077.55, and requests that it be taxed and reduced to $4,759.22. Allowable Costs Generally Ite...
2022.05.11 Motion to Compel Deposition 833
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.11
Excerpt: ...rney of record, jointly and severally, 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. The request for an order compelling plaintiff's answers or productions to deposition questions in defendant's reply is not considered. If defendant seeks such relief, defendant must file a motion to compel pursuant to Code of Civil Procedure section 2025.480. In the event of a timely req...
2022.05.11 Motion for Terminating Sanctions 266
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.11
Excerpt: ...e plaintiff's complaint and dismiss the action against defendant Ittai Hernandez Rodriguez. To order plaintiff to pay additional monetary sanctions of $435 to plaintiff's counsel, Miller & Ayala, LLP, within 30 days of the date of service of this order. (Code Civ. Proc., § 2023.010.) Defendant shall submit a proposed judgment consistent with the court's order within 10 days. Explanation: Code of Civil Procedure section 2023.010, subdivision (g) ...
2022.05.11 Motion for Attorney Fees 981
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.05.11
Excerpt: ...has emphasized, “any SLAPP [(strategic lawsuit against public participation)] defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) Attorney's Fees While plaintiff has not filled an opposition to challenge the amount of fees to be awarded, the court may only award a reasonable fee. (Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 362.) Accordingly, the co...
2022.05.11 Application for Writ of Possession 270
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.11
Excerpt: ...oral argument, such argument will be entertained on May 12, 2022, at 3:30 p.m. in Department 501. Explanation: The court shall issue a writ of possession if it finds that the plaintiff's claim is probably valid and the other requirements for issuing the writ have been satisfied. (Code Civ. Proc. §§ 512.040, subd. (b); 515.060, subd. (a)(1).) Among other things, the plaintiff's application must show the basis of the plaintiff's claim, that the p...
2022.05.10 Motion to Strike Complaint 805
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.10
Excerpt: ...nt, such argument will be conducted on May 12, 2022, at 3:30 p.m. in Department 501. Explanation: A special motion to strike provides a procedural remedy 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...
2022.05.10 Motion to Stay Action Pending Resolution of Writ of Administrative Mandate Proceeding 115
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.05.10
Excerpt: ...n. Explanation: “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) In addition, “judges shall have the responsibility to eliminate delay in the progress and ultimate resolution of litigation ….” (Gov. Code, § 68607.) Furthermore, “[e]very court shall have the power to do all of the fo...
2022.05.10 Motion for Summary Judgment 943
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.05.10
Excerpt: ... Clean Energy (“PACE”) program that allows financing for home improvement projects to be repaid by a special property tax assessment. Plaintiffs filed this action against The Solar Group, Inc. and Ygrene Energy Fund, Inc. seeking declaratory relief regarding the parties' rights and duties for repayment of the solar installation. The complaint also seeks injunctive relief from the demanded excessive assessments against the plaintiffs' property...
2022.05.10 Motion for Approval of PAGA Settlement 418
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.05.10
Excerpt: ...troduction “The superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted 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. Nor has the legislature provided any structure or stand...

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