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3247 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...
2024.03.19 Motion to Deem Truth of Facts, for Monetary Sanctions 471
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19
Excerpt: ... this o rder, with the time to run from the service of this minute order by the clerk. The matters specified in plaintiff's Requests for Admission, Set One, propounded on defendant Jose Lopez dba Jose's Lawns (“defendant”) are deemed admitted, unless defendant se rves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with the Code of Civil Procedure, section 2033.220. Defendant shall ser...
2024.03.19 Motion to Compel Initial Responses, for Sanctions 056
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.19
Excerpt: ...Custom Chopping, LLC for an Order Deeming Admissions by Plaintiff Telmo Coelho to Request for Admissions, Set One, and Request for Sanctions (3) By Defendant Kyle Brock for an Order Compelling Initial Responses from Plaintiff Telmo Coelho to Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and Request for Sanctions (4) By De...
2024.03.19 Motion for Summary Judgment, Adjudication 859
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.19
Excerpt: ...ng (“DEFH”) issued a right to sue notice on July 6, 2021, which required plaintiff to commence a court action within one year from that date. Plaintiff has provided competing evidence, however, demonstrating that DFEH issued a right to sue notice on July 8, 2022 whic h addressed previous as well as newly alleged incidents. Measured from the July 8, 2022 right to sue notice, plaintiff's complaint is timely. Yet, Neil Jones' reply brief does no...
2024.03.19 Motion for Summary Judgment 678
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.19
Excerpt: ... argument will be entertained on Wednesday, March 20, 2024, at 3:30 p.m. Explanation: Plaintiff, a student dismissed from the California Health Sciences University College of Osteopathic Medicine (“CHSU”), alleges a single cause of action for violation of Education Code section 94367, subdivision (a), which provides, No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions so...
2024.03.19 Demurrer 241
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.19
Excerpt: ...nty Superior Co urt. Horizon Nut, LLC, Horizon Growers Cooperative, Inc., and Joel Perkins filed a demurrer challenging the first cause of action for equitable indemnity on the grounds that it seeks equitable indemnity for an alleged third- party breach of contract and violates public policy. The court agrees with the latter ground and intends to sustain the demurrer. In the first cause of action for equitable indemnity, Nutrien alleges that H...
2024.03.19 Application for Writ of Possession 321
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.19
Excerpt: ...McMillin”). On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. § 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showing of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim is based on a written instrument, a copy of that instrument mu...
2024.03.19 Motion to Strike 287
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.19
Excerpt: ...March 20, 2024, at 3:30 p.m. Explanation: Defendant Jeffrey Doc Baker (“Defendant”) moves to strike paragraph 74, of the fourth cause of action as a survival action, and the prayer for punitive damages of the Consolidate First Amended Complaint (“CFAC”).1 Defend ant contends that the CFAC fails to state sufficient facts to support the claim for punitive damages as to him. Pleadings are to be construed liberally with a view to substantial ...
2024.03.14 Motion for Summary Judgment, Adjudication 924
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14
Excerpt: ...ts shall submit a proposed judgment consistent with the court's ruling within ten (10) days from the date of this order. Explanation: Summary Judgment A trial court shall grant 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. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the initial burden of product...
2024.03.14 Demurrer 506
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14
Excerpt: ...ff in this case, Jose Rios Garcia, alleges a single cause of action against the County of Fresno (the "County") for premises liability arising from an accident that occurred when he bumped into a glass window and cut his eye after previously undergoing eye s urgery. Grounds for Demurrer The County demurs generally on the ground that the plaintiff fails to state a cause of action because: (1) under Government Code section 945.6, he failed ...
2024.03.14 Demurrer, Motion to Strike 281 (2)
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...nt (the "FAC") that he purchased a 2018 Chevrolet Silverado (the "Vehicle") on April 5, 2019. The plaintiff alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information , including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the pub...
2024.03.14 Motion for Attorney Fees 887
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.14
Excerpt: ...ivers Alliance (NCRA), et al.'s, motion for attorney's fees, in the amount of $84,837.98. To grant defendants California Water Impact Network (CWIN), et al.'s, motion for attorney's fees, in the amount of $8,985.00. To grant defendants County of San Jo aquin and County of Trinity's motion for attorney's fees, in the amount of $87,465.00. Explanation: All three sets of defendants have moved for supplemental attorney's fees under Code of Civil Proc...
2024.03.14 Motion for Attorney Fees, to Tax Costs 615
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14
Excerpt: ...n an action under the Song–Beverly Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reas onably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to mak...
2024.03.14 Motion for Judgment on the Pleadings, for Preliminary Injunction 740
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14
Excerpt: ...: Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 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. Doug...
2024.03.14 Motion to Enforce Settlement Agreement and Enter Judgment, for Attorney Fees 071
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...te, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “If the court determines that the parties entered i...
2024.03.14 Motion to Amend Answer 396
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.14
Excerpt: ...ays of service of the order by the clerk. Explanation: “The court 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).) The court's discretion will usually be exercised liberal ly to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Here, however, the motion fails to comply with the Rules of Court, and se...
2024.03.14 Motion to Approve Revised PAGA Settlement 552
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ...ttorney F ee Split Agreement. To approve the requested settlement administration fees of $4,250 to Phoenix Class Action Admiration. Explanation: Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governm ent itself, a judgment in that action binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government. The act author...
2024.03.14 Motion to Expunge Lis Pendens 019
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.14
Excerpt: ... Offi ce. Defendants' counsel is to prepare proposed orders for the court to include this information, which shall be provided by plaintiff's counsel. To grant defendants attorney's fees in the sum of $2,063.75. (Code Civ. Proc., § 405.30.) Plaintiff shall pay the attorney's fees to defendants' attorney within 30 days of service of the order by the clerk. Explanation: A lis pendens may be expunged on the grounds of 1) a void and invalid lis pend...
2024.03.14 Motion to Resolve Lien 335
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14
Excerpt: ...aid progra m, administered by the Department of Health Care Services (DHCS or Department). (42 U.S.C., § 1396a.) When a Medi -Cal beneficiary is injured and medical expenses are paid on their behalf, DHCS may assert a lien on a personal injury settlement. However, w here the Medi -Cal beneficiary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount ...
2024.03.14 Motion to Resolve Lien 875
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2024.03.14
Excerpt: ...aid on thei r behalf, DHCS may assert a lien on a personal injury settlement. However, where the Medi -Cal beneficiary's injury case settles for less than the full amount of damages, any Medi -Cal lien must be reduced based on a reasonable apportionment of the amount o f Medi-Cal benefits provided in comparison to the full amount of the beneficiary's damages. DHCS may only recover “that portion of a settlement that represents payments for me...
2024.03.14 OSC Re Contempt 230
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.14
Excerpt: ...process of the court' constitutes contempt. (Code Civ. Proc., § 1209, subd. (a)(5).)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. [Citation.]” (Ibid.) The contemnor must also be served with the Order to Show Cause (“OSC”) for Contempt in th...
2024.03.13 Motion to Expunge Lis Pendens 130
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2024.03.13
Excerpt: ... interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “In proceedings under this chapter, the court shal l order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim.” (Code Civ. Proc., § 405.31.) In addition, “the court shall order th...
2024.03.13 Motion to Compel Arbitration and Stay Proceedings 901
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13
Excerpt: ...�� 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 enf orceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ensuring that private arbitr...
2024.03.13 Motion to Compel Arbitration 561
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2024.03.13
Excerpt: ...reed to arbitrate.” (Garlach 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 H ealth Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. (“Honda”) moves to compel arbitration of plaintiffs' action pursuant to an arbitration cla...
2024.03.13 Motion for Reconsideration 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2024.03.13
Excerpt: ...ant Est ate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. To deny plaintiff's motion to deem requests for admissions admitted. (St. Mary v. Superior Court (2014) 223 C al.App.4th 762, 776.) To impose monetary sanctions in favor of plaintiff and against defendant Estate of Mine, LLC. (Code Civ. Proc. §§ 2023.010, subd. (d), 2030.290, subd. (c), 2031....

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