4043 Results
Motion to Quash Service of Summons 036
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: Motion
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...
2025.02.11 Motion to Disqualify Counsel 662
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.11
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.11
Excerpt: ...r. Dobbins s hould be disqualified because he has an irreconcilable conflict of interest, as he once consulted with a former employee of defendant Moran Law Firm, Jason Oleson, who was interested in bringing similar wage and hour claims to plaintiff's against Moran. Plaintiff claims that Mr. Dobbins obtained confidential information that is subject to the attorney -client privilege during the consultation with Mr. Oleson, so he should not be allo...
2025.02.11 Motion for Summary Judgment, Adjudication 241 (2)
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.11
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.11
Excerpt: ...”) filed a single motion f or summary judgment, or alternatively for summary adjudication (without specifying what exactly is to be summarily adjudicated), directed at seven different pleadings and at least five different sets of parties. First Nutrien parties seek summary judgment, or summary adjudication (the notice of motion doesn't specify which) of the strict liability and negligence claims of Hillman Ranches L.P., Eriksson, LLC, M.C. Watt...
2025.02.11 Motion for Summary Judgment, Adjudication 123
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.11
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.11
Excerpt: ...members of Dr. Ad ela Santana -Mullooly (“decedent”), who on 10/22/2022, while bicycling a quiet country road, was struck and killed by a vehicle driven by defendant Johnson Chang (“Johnson”). Johnson was part of a group of six individuals driving sports cars along the narrow undulating road. The group met at a Starbucks that morning and agreed to drive together to meet at Humphreys Station. The drivers in order were: (1) Johnson, driving...
2025.02.11 Motion for Summary Judgment 903
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.11
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.11
Excerpt: ...ped the tire s on his motorcycle and caused him to crash and suffer injuries. Plaintiff alleges a dangerous condition on public property caused the incident. The County now moves for summary judgment, which Plaintiff opposes. Code of Civil Procedure section 437c, subdivision (c) provides that summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is enti...
2025.02.11 Motion for Summary Judgment 277
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.11
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.11
Excerpt: ...h argument wi ll be entertained at 3:30 p.m. on Thursday, February 20, 2025, in Department 501. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of their cause of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the oth...
2025.02.11 Motion for Approval of PAGA Settlement 065
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.11
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.11
Excerpt: ... action brou ght by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties ‘is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representati...
2025.02.11 Demurrer to SAC 134
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.11
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.11
Excerpt: ...w Services. To grant leave to amend. The Third Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Introduction Considering the material overlap in the contentions asserted in the demurrers, for clarity and economy this ruling is framed around each contention. As mentioned at the outset of the previous demurrer, under long settled principles governing demurrers...
2025.02.11 Applications for Right to Attach Orders 436
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.11
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.11
Excerpt: ...vil Procedure sections 481.010 – 493.060.” (Blastrac, N.A. v. Concrete Solutions & Supply (C.D. Cal. 2010) 678 F.Supp.2d 1001, 1004.) Since attachment is purely a creature of statute, the party seeking the attachment order must strictly comply with the statute or the application will be denied. (Balstrac, supra, at p. 1004.) “A judge does not have the authority to order any attachment procedure that is not specifically provided for by the A...
2025.02.06 Motion for Summary Adjudication 387
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Excerpt: ...12940, subdivisi on (h), 2) whistleblower protection pursuant to Government Code section 8547.8 and Labor Code section 1102.5, and 3) harassment pursuant to Government Code section 12940, subdivision (j). On March 20, 2024, plaintiffs dismissed Sara Scheesley's Government Code section 8547 et seq. portion of the SAC. Not Entering Default In the opposition, plaintiffs request the court enter default because defendants' Answer was not verified. Thi...
2025.02.06 Motion for Summary Judgment, Adjudication 148
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Excerpt: ...ry adjudication on the medical malpractice claim. To grant defendants' motion for summary a djudication on the negligent hiring and supervision claim. (Code Civ. Proc., § 437c.) To overrule all of defendants' objections to the expert declaration provided by plaintiffs. Explanation: Medical Malpractice “Medical providers must exercise that degree of skill, knowledge, and care ordinarily possessed and exercised by members of their profession und...
2025.02.06 Motion to Compel Arbitration 927
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Excerpt: ...f a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petit ioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exis...
2025.02.06 Motion to Compel Deposition, to Seal, for Summary Judgment, Adjudication 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Excerpt: ...e submitted by defendant Amazon.com, Inc., in support of its motion for summary judgment or, in the alternative, summary adjudication. The clerk is directed to file under order of seal, to remain sealed under further court order, the documents conditionally lodged on November 13, 2024, entitled “Cover Sheet – Notice of Filing Conditionally Under Seal”. To deny summary judgment by defendant Amazon.com, Inc. To deny the alternative relief sou...
2025.02.06 Motion to Compel Responses, for Monetary Sanctions 315
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Excerpt: ...sts for production of documents and special interrogatories. To deny plaintiff's request for sanctions against defendant and its counsel. To order the parties to provide defendant's employees with notice and an opportunity to opt out the disclosure of their names and contact information pursuant to the procedure set forth in Belaire -West Landscape, Inc. v. Superior Court (2007) 149 Cal.App.4th 554. Explanation: Plaintiff seeks to compel further ...
2025.02.06 Motion to Strike Costs 253
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.06
Excerpt: ...eek to strike the costs memorandum filed by petitioner Harlan L. Kelly, Sr. (“petitioner”).1 Respondents submit that an award of costs in favor of petitioner is inappropriate, as petitioner was not the prevailing party. Code of Civil Procedure section 1032, subdivision (b), affords a prevailing party the right to recover costs in an action. “Prevailing party” is defined as: the party with a net monetary recovery, a defendant in whose favo...
2025.02.05 Motion to Compel Initial Responses 081
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.05
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.05
Excerpt: ...efendant sha ll serve full and complete verified responses without objections to the requests within ten days of the date of service of this order. Explanation: Under Code of Civil Procedure section 2031.300, If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is ...
2025.02.05 Motion for Summary Judgment, Adjudication 123
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.05
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.05
Excerpt: ...ls driving sports car s along the narrow undulating road. The group met at a Starbucks that morning and agreed to drive together to meet at Humphreys Station. The drivers in order were: (1) Johnson, driving the 2017 blue Acura NSX; (2) Dr. Sameir Alhadi, driving a 2018 black 911 GT3 Porsche; (3) Frank Liang, driving a red 2021 Ferrari SF90; (4) Peter Chang (“Peter”), driving a 2022 White Porsche 911; (5) James Liang, driving a white Porsche T...
2025.02.05 Demurrer 598
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.05
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.05
Excerpt: ...al argument is timely requested, such argument will be entertained at 3:30 p.m. on Thursday, February 6, 2025, in Department 501. Explanation: The function of a demurrer is to test the sufficiency of a pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) As relates to a complaint, the test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plainti...
2025.02.04 Motion for Summary Judgment, Adjudication 342
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.04
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.04
Excerpt: ...or summary a djudication of the first, third, sixth, and seventh causes of action. To deny the motion for summary adjudication as to the second, fourth, and fifth causes of action. Explanation: Defendant has met its burden of showing that it is entitled to summary adjudication of the first cause of action for discrimination in violation of FEHA, third cause of action for retaliation in violation of FEHA, sixth cause of action for retaliation for ...
2025.02.04 Motion for Summary Judgment 776
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.04
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.02.04
Excerpt: ...grant defendant Christopher D. Czaplicki's Requests for Judicial Notice Nos. 1 - 3. Explanation: As the moving party, Defendant bears the initial burden of proof to show that plaintiff cannot establish one or more elements of her cause of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to sho...
2025.02.04 Motion for Summary Judgment 740
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.04
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2025.02.04
Excerpt: ...ks summary judgm ent of the remaining two causes of action of the Second Amended Complaint (“SAC”), for declaratory relief on the exercise of police power; and to prevent public waste. 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(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determi...
2025.02.04 Motion for Preliminary Approval of Class Action Settlement 407
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.04
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.02.04
Excerpt: ...nized more c arefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple 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...
2025.02.04 Demurrer, Motion to Strike 642
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.04
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2025.02.04
Excerpt: ...f the Second Amended Complaint Tentative Ruling: To sustain, with leave to amend. The Third Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: First thru Third Causes of Action (Discrimination)4 “To prevail on a Title III discrimination claim, the plaintiff must show that (1) she is disabled within the meaning of the ADA; (2) the defendant is a private entit...
2025.01.30 Motion to Enter Judgment 015
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.01.30
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2025.01.30
Excerpt: ...e court or orally before the court, for settlement of the case, or part thereof, the court, upon moti on, 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 into an enforceable settlement, it should grant the motion and en...
2025.01.30 Motion to Bifurcate 477
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.01.30
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2025.01.30
Excerpt: ... phase. The deci sion to grant or deny a motion to bifurcate issues and to have separate trials, lies within the court's sound discretion. (Code Civ. Proc. §§ 598, 1048, subd. (b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 503 - 504; see also Cook v. Superior Court (1971) 19 Cal.App.3d 832, 834.) The court also has the power to “provide for the orderly conduct of proceedings before it,” and to “amend and control its pr...