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2139 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...
2022.10.06 Motion to Consolidate Actions 212
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.06
Excerpt: ...219 Cal.App.4th 367.) Explanation: Plaintiff Maria Angel (“plaintiff”) requests that the unlawful detainer action, Case No. 22CECL03151, be consolidated with the unlimited civil action, Case No. 22CECG02212, since the unlawful detainer action would otherwise proceed to trial more quickly, before plaintiff's claim to own title to the property could be decided, and she could be evicted from her own property. Under Code of Civil Procedure, secti...
2022.10.06 Motion for Summary Judgment, Adjudication 421
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.06
Excerpt: ...Defendant contends that claims under Labor Code section 1102.5 are governed by a one‐year statute of limitations, since they are claims under a statute that provides for a civil penalty. (Code Civ. Proc., § 340, subd. (a).) Defendant notes that Labor Code section 1102.5, subdivision (f), provides for a mandatory civil penalty of no more than $10,000 for each violation. Thus, defendant concludes that, since plaintiff did not file his action wit...
2022.10.06 Motion for Summary Judgment, Adjudication 401
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.10.06
Excerpt: ...'s summary judgment ruling. To sustain defendant's objections nos. 1 thru 3. All other objections are overruled pursuant to Code of Civil Procedure, section 437c, subdivision (q). 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,...
2022.10.06 Motion for Summary Judgment, Adjudication 199
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.06
Excerpt: ...ommercial real estate for plaintiff to operate an auto repair business, with the oral agreement being that, even though title would be taken in the Morenos' name, plaintiff would make the payments on the property (mortgage, insurance, taxes, and maintenance), and the Morenos would just “hold title” in their name. This alleged agreement has spawned two legal actions and years of litigation, with this action commenced in 2016. At one point, the...
2022.10.05 Demurrer, Motion to Strike 352
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.05
Excerpt: ...the complaint within 10 days of service of this order. Explanation: These motions arise out of a complaint filed November 10, 2021 for (1) breach of written contract; (2) breach of the implied covenant of good faith and fair dealing; (3) unjust enrichment; (4) violation of Business and Profession Code section 17200 et seq.; (5) declaratory relief, with request for temporary, preliminary, and permanent injunctive relief; and (6) money had and rece...
2022.10.04 Motion for Entry of Judgment Pursuant to Terms of Stipulated Judgment 812
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.10.04
Excerpt: ...court … for settlement of the case … , the court, upon motion, may enter judgment pursuant to the terms of the settlement.” Here, the parties entered into a written settlement agreement, including a stipulation for entry of judgment in the event defendant failed to pay the amounts he agreed to pay under the settlement agreement, and then failed to cure his default. It does not appear to be disputed that, although defendant made several paym...
2022.10.04 Demurrer, Motion to Strike 098
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.10.04
Excerpt: ...e first and second causes of action, with leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant Montgomery's motions to strike the prayer for punitive damages, and the allegation at paragraph 30 that “Defendant AIMEE MONTGOMERY, D.M.D.'s actions as described above, were malicious, willful, and made in conscious disregard for Plaintiffs health and well‐being.” (Code Civ. Proc., §§ 436, 425.13.) To overrule Smith's demurrer to t...
2022.10.04 Demurrer to SAC 888
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.10.04
Excerpt: ... truth of all material factual allegations in the complaint” and the plaintiff's “ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court ….” (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496; Stella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, 190 [“We assume the truth of the properly pleaded factual allegations, facts that reasonably can be i...
2022.10.04 Demurrer 057
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.10.04
Excerpt: ...e second cause of action for conversion on the ground that the Complaint fails to state a claim. Mr. Weyant contends that the subject property of the action is not amenable to conversion as a matter of law. To state a claim for conversion, a plaintiff must allege: “(1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages.” (Lee v. ...
2022.09.29 Motion for Order of Possession 971
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.29
Excerpt: ...il Procedure section 1255.010 [the probable amount of compensation to be awarded to defendants], plaintiff has failed to provide notice of its motion to all the requisite parties. Notice Requirement A motion for prejudgment possession must be served on the “record owner of the property and on the occupants, if any.” (Code Civ. Proc., § 1255.410, subd. (b).) “‘[R]ecord owner' means the owner of the legal or equitable title to the fee or a...
2022.09.29 Motion for Terminating Sanctions 141
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.29
Excerpt: ...and dismiss the action against defendants. (Code Civ. Proc., §§ 2023.010, subd. (g); 2030.030, subd. (d).) Defendants shall submit a proposed judgment consistent with the court's order within 10 days of service of the minute order. Explanation: Code of Civil Procedure section 2023.010, subdivision (g) makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” but sanctions are only authorized to the ext...
2022.09.29 Motion to Compel Arbitration 160
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.09.29
Excerpt: ...lment Sale Contract. Explanation: Plaintiff contracted to purchase the vehicle from Lithia Nissan of Clovis on credit. (Pacheco Decl., ¶5, Exh. A.)The dealership then assigned its interest in the contract to American Credit Acceptance, LLC (ACA). (Pacheco Decl. ¶¶ 6‐9, Exh. B; Henao Decl. ¶¶ 7, 11‐12.) The retail sales installment contract (RISC) contained an agreement to arbitrate disputes that arise between plaintiff purchaser and Lith...
2022.09.29 Motion to Compel Deposition 511
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.29
Excerpt: ...ed person(s) who have not timely served an objection pursuant to Code of Civil Procedure section 2025.410 or otherwise obtained the consent of all interested parties agreeing to the non‐appearance of the party or person(s) at the deposition as noticed or subpoenaed, and motions to compel initial responses to interrogatories, requests for production and requests for admissions, no motion under sections 2016.010 through 2036.050, inclusive, of th...
2022.09.29 Motion to Compel Deposition of PMK, Responses, for Monetary Sanctions 765
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.09.29
Excerpt: ...duction, Set One; and (3) For Monetary Sanctions Tentative Ruling: To grant plaintiff's motion to compel the deposition of Dycora Transitional Health— Quail Lake LLC's (“Dycora—Quail Lake”) person most knowledgeable. Defendant Dycora—Quail Lake shall produce the person most qualified to testify regarding categories 1‐16. (Code Civ. Proc., § 2025.450, subd. (a).) To grant plaintiff's motion to compel document production regarding requ...
2022.09.28 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 577
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28
Excerpt: ...esponses to Form Interrogatories (Set Two), Special Interrogatories (Set One), Request for Production of Documents (Set Two). To grant defendant Smart & Final's motion for an order deeming Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admitted unless plaintiff Laura Mendoza serves, before the hearing, a proposed response to the Requests for Admission that is in subst...
2022.09.28 Motion to Compel Arbitration and Stay Arbitration Proceedings 852
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.28
Excerpt: ...t a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc., § 1281.2, subd. (c), emphasis added.) Petitioner brings this motion to enforce the arbitration provision of the subcontractor agreement between itself and respondent JT2, Inc. The agreement states in pertinent part...
2022.09.28 Motion for Summary Judgment, Adjudication 937
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2022.09.28
Excerpt: ... overrule plaintiffs' objection number 6. All other objections are overruled pursuant to Code of Civil Procedure, section 437c, subdivision (q). To vacate the April 17, 2023 trial date. Explanation: Summary Judgment/Adjudication 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 (20...
2022.09.28 Motion for Protective Order 215
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2022.09.28
Excerpt: ...companied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.420, subd. (a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: [...
2022.09.28 Motion for Preliminary Approval of Class Action Settlement 531
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.28
Excerpt: ...grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 93‐95.) “Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of in...
2022.09.28 Motion for Leave to File SACC 487
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28
Excerpt: ... the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) Courts are bound to apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial.” (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) If plainti...
2022.09.28 Demurrer, Motion to Strike 980
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28
Excerpt: ...e in boldface. To deny defendants' motion to strike each cause of action of the First Amended Complaint. Explanation: On April 7, 2021, plaintiff filed suit against defendants alleging breaches of a leaseoption agreement of agricultural property. Plaintiff pled six causes of action: (1) breach of contract of lease of agricultural property; (2) breach of contract of purchase of a residence; (3) breach of implied covenant of good faith and fair dea...
2022.09.28 Demurrer, Motion to Strike 482
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2022.09.28
Excerpt: ...e to amend. Plaintiff is granted 20 days, running from the date of service of the minute order by the clerk, to file and serve a second amended complaint. Explanation: On December 16, 2021, this court sustained defendant's demurrer to plaintiff's original complaint, with leave to amend, except that leave to amend was not granted to state a petition for a writ of mandate. The court found that, among other things, the original complaint failed to s...
2022.09.28 Demurrer 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28
Excerpt: ...with adverse interests. The Complaint identifies three different legal actions wherein defendants represented parties with adverse interests: the Akoo, Misaghi and Sanchez actions. The Akoo action was filed on 7/15/20, and on 8/3/20 defendants accepted service of the Complaint and thereafter continued to litigate the matter. The Misaghi action was filed on 2/1/21. Defendants represented the defendant in that action, and filed an Answer and Cross...
2022.09.27 Motion to Reclassify Action as Limited Civil Case 927
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.27
Excerpt: ... 85, subdivision (a), “an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied: [¶] (a) The amount in controversy does not exceed twenty‐five thousand dollars ($25,000).” (Code Civ. Proc. § 85, subd. (a).) “As used in this section, ‘amount in controversy' means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the l...

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