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...

Excerpt: ...Emeline Pano will be dismissed as a defendant in plaintiff's Complaint. (Code Civ. Proc., § 2023.030, subd. (d)(3).) Explanation: Plaintiff has a history of failing to comply with discovery obligations in this action, and appears to have abandoned this action. On August 10, 2023, and October 10, 2023, defendant Emeline Pano served plaintiff with deposition notices. Plaintiff never objected, but failed to appear on both occasions. On August 30, 2...

Excerpt: ...tiff Kimberly White are ordered to appear at the hearing on this motion. Explanation: Healthcare providers must possess and exercise “that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under si milar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to ...

Excerpt: ...er a settl ement is within the “good faith ballpark” by considering the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the se...

Excerpt: ...e order. Explanation: A general demurrer is sustained where the pleading is insufficient to state a cause of action or is incomplete. (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535.) A special demurrer, though disfavored, is nevertheless sustained where a pleading is so uncertain that the defendant cannot reasonably respond to the subject pleading. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612...

Excerpt: ...aint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the special demurrer for uncertainty. (Code Civ. Proc. § 430.10, subd. (f).) Explanation: A party may file a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535...

Excerpt: ... reque sting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted... The court shall make this order, unless it finds that the party to whom the requests for admission have bee n directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc.,...

Excerpt: ... on t he required Judicial Council forms. To strike the answer filed August 21, 20231. This answer was filed to the First Amended Complaint which was stricken pursuant to the August 18, 2023 Order After Hearing for being filed without leave to amend. Explanatio n: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure section 2023.010, subdivision (g), ...

Excerpt: ...tion: Fee A ward Plaintiff Ricardo Regalado Ceja (“Plaintiff”) seeks an award of attorney fees. Under what statutory authority Plaintiff seeks an award of fees is unclear. The moving papers appear to suggest that the parties stipulated to seek an award of fees and cos ts under a settlement agreement not in evidence on the present motion. Instead, counsel for Plaintiff submits into evidence 15 irrelevant orders from other cases in other jurisd...

Excerpt: ...named defend ants—Fresno Area Express, City of Fresno (the "City"), and County of Fresno. Plaintiff alleges the City failed to meet the heightened standard of care when the bus driver failed to assist her as she was boarding the bus in her wheelchair, causing her to flip backwards and sustain injuries. Motion for Judgment on the Pleadings A motion for judgment on the pleadings performs the same function as a general demurrer. "The ...

Excerpt: ...sa nctions. To deny plaintiffs' request for sanctions against defendant and his counsel for bringing frivolous motions for reconsideration. Explanation: Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has bee n made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon t...

Excerpt: ... the mo tions compelling Prestige Urgent Care's compliance with subpoena, without prejudice. (Code Civ. Proc., § 2020.220, subds. (b) -(c); Cal. Rules of Court, rule 3.1346.) To deny the motions for defendant Homegoods, Inc.'s responses to Requests for Production of Documents, Sets One and Two, since Homegoods, Inc. served its verified responses on April 9, 2024. To award monetary sanctions in the total amount of $1,320 against Homegoods, Inc.'...

Excerpt: ...court orders to provide discovery. The Complaint filed by plaintiff on February 24, 2022, is dismissed, without prejudice. (Code Civ. Proc. §2023.030, subd. (d)(3).) Explanation: Section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) and (g).) Section 20...

Excerpt: ...ice, Lazy Dog Restaurants, LLC's motion to bifurcate the contractual interpretation causes of action within the cross -complaints filed by Element Security Solutions, Inc. and Manco Abbott, Inc. from the issues of liability and damages. Explanation: Under Code of Civ il Procedure section 598, court is given great discretion in regard to the order of issues at trial: The court may, when the convenience of witnesses, the ends of justice, or the ec...

Excerpt: ...984) 158 Cal.Ap p.3d 524, 526), the expiration of the time period is considered “‘jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 (S exton) [referring to the 45- day statutory time limit]; see also Vidal Sassoon Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 684 (Sassoon); Standon Co. v. Superior Cour...

Excerpt: ...planation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2 004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court proceedings. (CLD Construction, Inc. v. City of San Ramon, supra, 120 Cal.A...

Excerpt: ...tentative ruling, a proposed judgment. Explanation: Plaintiffs Jay Hylton and Krystal Hylton (together “Plaintiffs”) seek to enforce a settlement agreement by and between them and defendant FCA US LLC (“Defendant”) under Code of Civil Procedure section 664.6. Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . ...

Excerpt: ...sire to a mend, the First Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to file an amended pleading within that time period, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: In deciding a demurrer, the court is guided by well -established principles that the test is whe...

Excerpt: ...rstores, Inc., Carmax Business Services, LLC, and Safeco Insurance Company of America are directed to file an Answer within 10 days of service of the minute order by the clerk. Explanation: Demurrer Defendants Carmax Auto Superstores, Inc., Carmax Business Se rvices, LLC, and Safeco Insurance Company of America (collectively “Defendants”) generally demur to the entirety of the Complaint by plaintiff Parminder S. Kaler (“Plaintiff”) for f...

Excerpt: ...-24; page 1 9, lines 6-11; and page 19, line 27, with leave to amend. (Code Civ. Proc., § 436; Civ. Code, § 3294.) Plaintiff is granted 20 days' leave to file the third amended complaint. The time to file the third amended complaint will run from service by the clerk of the minute order. All new allegations in the third amended complaint are to be set in boldface type. Explanation: Demurrer Retaliation/Discrimination Defendants, India Oven, I...

Excerpt: ...rring defendant. Explanation: The plaintiff, Sergio Alvarez, filed a three -page form complaint against the defendant, Iron Workers Local 155. The defendant demurs to the complaint on the grounds that the statute of limitations has expired and the complaint lacks the necessary allegations to state a cause of action. Meet and Confer The parties have complied with the obligation to meet and confer. Request for Judicial Notice Code of Civil Procedu...

Excerpt: ... FAC alleges two ca uses of action, for premises liability, and general negligence, based on Plaintiff's use of a recreational area on October 30, 2018, in the prison, wherein Plaintiff alleges having stepped into a gopher hole causing injury. 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. Citigro...

Excerpt: ...ation: Attorney Affidavit of Fault: The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable negle ct.” (Code Civ. Proc. § 473, subd. (b).) “[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an...

Excerpt: ...tence in the w rongful death cause of action which reads, “Plaintiffs also contend that these defendants' negligence was not only simple, but also gross, and that punitive and exemplary damages should be awarded against all defendants named in the accompanying punitive d amages attachment;” and the entire exemplary damages attachment. Leave to amend is denied. The motion is denied as to the allegations of plaintiff's alternative theory of lia...

Excerpt: ...425.10, subd. (b).) But the defendant may, at any time, serve a request on plaintiff for a Statement of Damages (mandatory Jud. Counc. Form CIV -050) setting forth the nature and amount of damages being sought. (Code Civ. Proc., § 425.11, subd. (b).) Once such a d emand is served, plaintiff has 15 days to serve the responsive statement. If that response is not served, defendant may file a noticed motion and petition the court to order plaintiff...

Excerpt: ...ce of entry of this order in all actions, properly captioned with all case names and numbers. Other than this, all further documents shall be filed only in the lead case. The Mandatory Settlement Conference on July 25, 2024, Trial Readiness on August 23, 2024, and Jury Trial on August 26, 2024 are vacated. The court sets a Case Management Conference on 5/14/2024 at 3:30 p.m. in Department 403 to schedule a new trial date. Zoom appearance is auth...

Excerpt: ...n pend ing arbitration. Pursuant to the Federal Arbitration Act (“FAA”), A written provision in … 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 enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (...

Excerpt: ...Procedure section 426.50 in support of her motion to amend, section 426.50 only applies to motions to amend crosscomplaints. Code of Civil Procedure section 426.26 is part of Article 2 of Title 6 of Part 2, which sets forth the procedures applicable to compulsory cross -complaints. Therefore, section 426.50 is not the applicable code section when seeking leave to amend a complaint. The correct code section is Code of Civil Procedure section 473, ...

Excerpt: ...ldface type. Explanation: Defendants IEC Corporation and IEC/AAI Holdings, Inc. dba UEI College (hereinafter, together “UEI College”) demur to the fourth, sixth and seventh causes of action alleging fraud, negligent misrepresentation and intentional misrepresentation on the ground that plaintiffs fail to state facts sufficient to state a cause of action. The essential elements of a count for intentional misrepresentation are (1) a misrepresen...

Excerpt: ...pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court to...

Excerpt: ...s entered into after a verdict and judgment were entered. Explanation: Under Code of Civil Procedure section 877, “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdi ct or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, … it shall have the following effect: … It shall discharge the party to whom it is given f...

Excerpt: ...valid arbi tration agreements.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) Then, “[o]nce the moving party has satisfied its burden, the litigant opposing arbitration must demonstrate grounds which require t...

Excerpt: ...tion: D efendant American Family Connect Property & Casualty Insurance Company (“Defendant”) specially demurs the second cause of action for breach of contract of the Complaint by Plaintiffs Rawiah Alqadhi, and Akram Alqadhi, Sarah Alqadhi and Sumpula Alqadhi, by and through their guardian ad litem, Rawiah Alqadhi (collectively “Plaintiffs”) on the grounds of uncertainty. Defendant further generally demurs to the second cause of action fo...

Excerpt: ...enteri a in light of the dismissal entered November 17, 2023 as to this defendant. Explanation: No Continuance/Extension Plaintiff, after the time his opposition was due, has filed a request for a continuance or extension of time to file his opposition. This req uest was filed as a notice and motion, without a new hearing date attached to said notice. In addition to procedural issues with this request, the request does not appear well founded....

Excerpt: ...efing is authorized to address the rights and interests of the parties in the subject real property. Defendant Christopher S. Kelley may file a supplemental opposition no later than 5:00 p.m. on May 3, 2024. Plaintiff Amy L. Knight may file a supplemental reply no later than 5:00 p.m. on May 9, 2024. If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation...

Excerpt: ...ust provi de affidavits and other authenticated documents demonstrating competent evidence of jurisdictional facts. (BBA Aviation PLC v. Superior Court (2010) 190 Cal.App.4th 421, 428 -429.) If this is met, the defendant then has the burden of demonstrating that the exercise of jurisdiction would be unreasonable. (Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062.) California courts may exercise personal jurisdiction over out -...

Excerpt: ...plaint, w ithout leave to amend. (Code Civ. Proc., § 430.010, subd. (e).) If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation: Each defendant demurs to plaintiff's Second Amended Complaint, which alleges a single cause of action for medical malpractice. Defendants all contend that the cause of action is barred by the applicable statute of limitations un...

Excerpt: ...n: Motions for leave to amend the pleadings are directed to the sound discretion of the trial court. “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); see also Code Civ. Proc., § 576.) Judicial policy favors resolution of cases on the merits, and thus the court's discretion to allow amendments will usually be exercised in favor of perm...

Excerpt: ...1. Explanation: First, while plaintiff relies on Code of Civil Procedure section 473.5, subdivision (a), to support her motion, that provision of law does not apply here. That provision states that, “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside...

Excerpt: ...dant and cross -co mplainant Mighty Mart, Inc. (“Mighty Mart”) (collectively, “defendants”), for a total fee award of $188,188.00 against plaintiff and cross -defendant Morteza Javaherie (“plaintiff”). To deny an award of costs, without prejudice. Explanation: Defendants joi ntly seek an award of attorney fees pursuant to Civil Code section 1717 following a court trial on plaintiff's first amended complaint and defendants' cross -com...

Excerpt: ...for preference and continue the hearing on plaintiff's motion for preference to Friday, April 12, 2024 at 10:00 a.m. in Dept. 501 to allow for the submission of admissible evidence. (Code Civ. Proc. §36, subd. (d).) To grant plaintiff's ex parte application to serve deposition notices fewer than 20 days after service of summons. (Code Civ. Proc. § 2025.210, subd. (b).) To deny without prejudice plaintiff's motion to use deposition testimony at ...

Excerpt: ...3 :30 p.m. in Department 501. No later than Thursday, April 18, 2024, defendant Nale is to provide a supplemental brief addressing the portions of the opposition for which he did not have timely service. To deny the Kubota defendants' motion for summary jud gment. To deny summary judgment as to Pioneer Farm Equipment Co. Explanation: Evidentiary Objections For plaintiffs' evidentiary objections numbers 1 -3, these were not dispositive to the moti...

Excerpt: ...summary ju dgment. Specifically, plaintiff seeks to set aside (1) the court's order denying the January 24, 2024, ex parte application to continue the hearing for summary judgment pursuant to Code of Civil Procedure section 437c, subdivision (h); (2) the court's deni al of plaintiff's untimely request for oral argument on the January 25, 2024, motion for summary judgment; (3) the January 25, 2024, order granting defendants' motion for summary ju...

Excerpt: ... requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to th e class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a ...

Excerpt: ...ose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. a. Settlement Legal Standards “Wh en, as here, a class settlement is negotiated prior to formal class certification, there is an increased risk that the named plaintiffs and class counsel will breach the fiduciary ob...

Excerpt: ...third an d fourth causes of action, without leave to amend. Defendant is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the third and fourth causes of action as to this defendant. Explanation: The fun ction of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has...

Excerpt: ... of the min ute order, a proposed judgment dismissing the first amended complaint as to the demurring defendant. Explanation: Plaintiff, S.C., sued the County of Fresno (County), KTDA Group Home, Inc. (Facility), and Does 3 through 25, in a revival action under Cod e of Civil Procedure section 340.1. S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the defendants' legal custody, care, and contro...

Excerpt: ...dants , without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To continue plaintiff's motion for leave to file the Fifth Amended Complaint to Wednesday, June 5, 2024, to allow time for the limited purpose of allowing plaintiff to lodge a revised propo sed pleading, deleting any and all reference to defendants Hmong Cultural New Year Celebration, Inc., Mitch Herr, Vilay Lee, Cher Yang, Xang Moua, Kayasit Ly, Vang Chong Thao, Michael He...

Excerpt: ...st the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's p ossible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint aga...

Excerpt: ... of the service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of action for "Fraudulent InducementConcealment” on the basis that it is barred by the three -year statute of limitations. (Code Civ. Pr oc. § 430.10, subd. (e).) Plaintiff purchased a 2020 Chevrolet Silverado 1500 truck on February 8, 2020 and this action was not filed until May 11, 2023. Defendant conten...

Excerpt: ...mely ap plication, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) “‘If proper procedures are followed [citation], the court has discretion to permit a nonparty to intervene in litigation pending between others, provided: [¶] The nonparty has a direct and im...

Excerpt: ...��arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) Similarly, cases applying Federal Arbitration Association rules note that, “ ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration ...

Excerpt: ...ithin 10 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding b y adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or de...

Excerpt: ...fraud cause of action (cause of action “2B”), for failure to state facts sufficient to constitute a cause of action, without leave to amend. To sustain the demurrer to the slander cause of action, without leave to amend. To deny the motion to strike the allegations of paragraphs 11, 12, 19, and 20. To grant the motion to strike paragraphs 16, 17, 21, 22 (second sentence only), and 38 (first sentence only) from the first amended complaint. T...

Excerpt: ... as it pertains to punitive damages, specifically on page 3, Item No. 14(a)(2), without leave to amend. (Gov. Code, § 818.) Plaintiffs are granted 20 days' leave to file the Second Amended Complaint. The time in which the Second Amended Complaint can be amended will run from service by the clerk of the minute order. All new allegations in the Second Amended Complaint are to be set in boldface type. Explanation: Demurrer Plaintiffs' operative c...

Excerpt: ...ded Complaint. The time in which the First Amended Complaint can be amended will run from service by the clerk of the minute order. All new allegations in the First Amended Complaint are to be set in boldface type. Explanation: Defendants demur to each cause of action asserted in the complaint for failing to state facts sufficient to state a claim and uncertainty. First Cause of Action – Discrimination Government Code section 12940, subdivision...

Excerpt: ..., a nd 71 of the complaint. To deny the motion to strike the “Introduction and Summary of Case” from the complaint. To grant the motion to strike the references to attorney's fees from paragraphs 33, 38, 44, 52, 58, 64 of the complaint, and the prayer for re lief on the second cause of action, paragraph 8, the prayer for relief on the third cause of action, paragraph 7, the prayer for relief on the fourth cause of action, paragraph 8, the pra...

Excerpt: ...rst Amended Complaint (“FAC”) without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant JPMorgan Chase and Co. and JPMorgan Chase Bank, N.A.'s Motion for Judgment on the Pleadings on the FAC (joined by U.S. Bank N.A.) without leave to amend. (Code Civ . Proc., § 438.) To grant plaintiff's motion to substitute Bank of America, N.A. (“BANA”) for ReconTrust Company, N.A. (Code Civ. Proc., § 368.5; Corp. Code, § 1107, subd....

Excerpt: ... grant defendants Fresno County Economic Opportunities Commission and Brian Angus's motion for dismissal. Defendants Fresno County Economic Opportunities Commission and Brian Angus are directed to submit a proposed judgment within five days of service of the minute order consistent with the order. To deny the motion for judgment on the pleadings of the entirety of the second amended complaint. To grant the motion to bifurcate trial into a liabil...

Excerpt: ... of law. (Code Civ. Proc., § 437c, subd. (p)(2); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party's papers are construed strictly and the opposing party's liberally, and “any doubts as to the propriety of granting the moti on [are resolved] in favor of [the opposing party].” (Ibid.) Defendant contends that a pre -fire transaction discharged plaintiffs' loan and effectively terminated their insurable ...

Excerpt: ...he court previo usly denied the motion on the basis that defendant did not meet its burden to establish the independent contractor relationships between the parties. Defendant now moves for summary judgment or, alternatively, summary adjudication on the issue of its duty to plaintiffs with evidence obtained after the court ruled on the initial motion. (Code Civ. Proc. § 437c, subd. (f)(2).) Plaintiffs objection to hearing the second motion on it...

Excerpt: ...in the amount of $1,605.00, to be paid within twenty (20) calendar days from the date of service of the minute order by the clerk. Explanation: Unverified Responses Resulting in Motions to Compel A propounding party may move for an order compelling response to its propounded interrogatories and/or demand. (Code Civ. Proc., §§ 2030.290, 2031.300.) For a motion to compel initial responses, no meet and confer is required. All that needs to be sho...

Excerpt: ...om the Complaint, defendant has not provided any legal authority or argument to support the motion to strike. Indeed, defendant only briefly mentions the prayer for attorney's fees in the notice of motion, and never mentions attorney's fees in its memo of p oints and authorities at all. Therefore, the motion to strike the prayer for attorney's fees is unsupported by any legal authorities or argument, and the court intends to deny the motion. Sec...

Excerpt: ... (1967) 66 Cal.2d 738, 746.) An order staying discovery until expiration of the criminal statute of limitations allows plaintiff to prepare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal cas e.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Fifth Amendment - parallel civil and criminal actions Pursuant to both the United States and California constitutions,...

Excerpt: ...der the Private Attorney General Act (“PAGA”) as defined by Labor Code section 2698 et seq., on behalf of herself and all aggrieved employees. Defendant Family Tree Farms, Inc. (“Defendant”) now seeks an order compelling Plaintiff to private arbitration of her in dividual claims, to dismiss the class action components, and to stay the representative portion of the PAGA claim. A trial court is required to grant a motion to compel arbitrat...

Excerpt: ... 1207.) The cou rt does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is...

Excerpt: ... nonmeritorio us 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).) Plaintiff/crossdefendant prevailed on her anti -SLAPP motion as to the defendants/cross -complainants' cross complaint. The prevailing defendant on a special motion to strike “shall be entitled” to recover his or her attorney fees and costs, and this fee award is mandatory. (C...

Excerpt: ...ortions of the First Amended Cross -Complaint To sustain the demurrer to the third cause of action, with leave to amend. (Code Civ. Proc. § 430.10, subd. (g).) To sustain the demurrer to the fourth and fifth causes of action, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike the prayer for attorney fees, with leave to amend. Explanation: Cross -Defendants Skyrunner Drone Light Shows, LLC, Noah Furhman, D...

Excerpt: ...ction with leave to amend. The plaintiff is granted leave of 10 days to file a fourth amended complaint, which will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: Late -Filed Opposition Although it has disc retion to refuse to consider a late filed paper (Cal. Rule of Court, rule 3.1300(d)), the court notes that plaintiffs offer a reasonably plausible excuse (see Reply to Notice of Non...

Excerpt: ...s further responses are to be served no later than April 26, 2024 by 5:00 p.m. To find moot the motion for further response to Amended Request for Production No. 76. Explanation: A motion to compel must “set forth specific facts showing good cause justifying the di scovery sought by the inspection demand.” (Code Civ. Proc., § 2031.310 (b)(1).) Absent a privilege issue or claim of attorney work product, that burden is met simply by a fact -...

Excerpt: ...he Comp laint by plaintiffs Daniel Ricky Blanco and Oscar Rudolfo Blanco (collectively “Plaintiffs”). The Complaint states two causes of action: (1) motor vehicle accident, as to defendant Edsel Antunez; and (2) negligence, as to Defendants. A trial court shall gr ant 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. Citi...

Excerpt: ...tion. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff is granted 10 days' leave to file the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To deny the motion to strike th e allegations regarding the Italian property and alleged Real Property Agreement. To find the motion to strike the allegations and prayer for punitive damages and treble damages mo...

Excerpt: ...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 interest, and (3) that certi...

Excerpt: ...0 et seq. , may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code §12965, subd. (c)(6).) Plaintiff prevailed at trial and moves for an award of attorney's fees and costs. In her motion for attorney's fees, plaintiff requests an award of fees in the amount of $130,672.50, reflecting a 1.5 multiplier applied to the lodestar of $87,115.00, and litigation costs in the amount of $2,723.61. Defendant does not oppo...

Excerpt: ...anati on: Code of Civil Procedure section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010, su bds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any o...

Excerpt: ...req uires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the c lass; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a ...

Excerpt: ..., 2024, a t 3:30 p.m., in order to allow the parties to meet and confer in person or by telephone, as required. If this resolves the issues, plaintiff's counsel shall call the court to take the motion off calendar. If it does not resolve the issues, plaintiff's coun sel shall file a declaration, on or before Wednesday, May 1, 2024, stating the efforts made. To grant and to award monetary sanctions in the total amount of $680 against defendant Sa...

Excerpt: ...e Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (Code Civ. Proc., § 583.360, sub d. (a).) “The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.” (Code Civ. Proc., § 58...

Excerpt: ...riefs, not to exceed seven pages, which must be filed no later than April 10, 2024. Plaintiff's “renewed” motion is also continued to April 18, 2024, pending further orders once the court rules on its sua sponte motion for reconsideration. Explanation: The court conti nued the hearing on January 17, 2024, to give defendant an opportunity to address the merits of the motion and present evidence that the court would weigh against plaintiff's e...

Excerpt: ...rds are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Cou rt, rule 2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application...

Excerpt: ...etained. [¶] (2) Amend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (Code Civ. Proc. § 2034.610, subd. (a).) The motion must be made in sufficient time in advanc e of the completion of discovery. (Code Civ. Proc., § 2034.610, subd. (b).) A meet and confer declaration is required. (Code Civ. Proc., § 2034.610, subd. (c).) The co...

Excerpt: ...deny the petition for reinstatement. Explanation: Confirm Arbitration Award Cross -Complainant Shashi Sharma (“Sharma”) seeks to confirm an arbitration award in the above matter under Code of Civil Procedure section 1285. Any party to an arbitration in which an awar d has been made may petition the court to confirm the award. (Code Civ. Proc. § 1285.) The petition shall set forth the substance of or have attached a copy of the agreement t...

Excerpt: ....App.4th 705, 713, quoting Code Civ. Proc. § 437c(c).) Summary judgment is properly directed toward the entire complaint and not portions thereof. (see Barnick v. Longs Drug Stores, Inc. (1988) 203 Cal.App.3d 377, 384; Khan v. Shiley, Inc. (1990) 217 Cal.App.3d 848, 858- 859.) Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty.�...

Excerpt: ... es that “[a] person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, excep t when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from any debtor, including the state...

Excerpt: ... a right of first refusal to buy the remaining properties owned by the Virginia Shubin Barnett Living Trust for $12,500. (Exhibit D to Mireles decl., p. 2, ¶¶ 5.1, 6.) Plaintiff was to pay off the delinquent taxes on the properties, including $97,842.04 payable to Fresno County, $28,078.00 to the federal government, and $4,057.00 to the state. (Ibid.) Plaintiff was to pay the remaining balance of $120,022.96 to the Trust over five years. (Ibi...

Excerpt: ... bold print . Should plaintiff elect not to amend, demurring defendant shall file responsive pleadings within twenty (20) days from the date of this order. If oral argument is timely requested, such argument will be entertained on Wednesday, March 27, 2024, at 3:30 p.m. Explanation: As explained previously, ownership of, or a right to possess, specific property is a necessary element of conversion and embezzlement. (Lee v. Hanley (2015) 61 Cal....

Excerpt: ...e Thir d Amended Complaint. (Code Civ. Proc. § 430.10, subd. (e).) To deny the motion to strike as moot. To set a hearing for Thursday, May 16, 2024, 3:30 p.m. in Department 502 to determine why a final leave to amend should not be granted. A supplemental opposi tion and reply may be filed in accordance with Code of Civil Procedure section 1005. Explanation: On November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hea...

Excerpt: ...ure section 664.6, “[i]f parties to pending litigation stipulate, 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 sett...

Excerpt: ...epartm ent 403. Explanation: Defendant Future Clovis, Inc. dba Future Ford of Clovis (“Defendant”) moves for an order compelling plaintiffs SS Pro Flooring & Construction, Inc. and Saul Sanchez Medina (collectively “Plaintiffs”) to arbitration. A trial court is r equired to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc. § 1281.2) However, there is “no ...

Excerpt: ...t Two, and for Monetary Sanctions To grant plaintiff's five motions to compel defendant Southern California District Council of the Assemblies of God to serve initial verified responses to the discovery requests, without objections, unless defendant serves verified responses to the discovery prior to the hearing. To grant plaintiff's request for monetary sanctions of $1,200 against counsel for defendant. Defendant shall serve its verified res...

Excerpt: ...ch was entered in favor of Plaintiff against defendants Larry Oakander and Patricia Oakander (collectively “Defendants”). The First Amended Complaint stated one remaining cause of action against Defendants, for breach of installment note. On September 15, 202 3, Plaintiff timely lodged a Memorandum of Costs. On October 2, 2023, Defendants timely filed the instant motion to tax costs. Defendants object to each entry, in part, due to a lack of...

Excerpt: ...the mo tion 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 policy in favor of arbitration. (AT&T Mobility LLC v. Concepcio...

Excerpt: ... ag reement 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 petitioner 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 exist for the revocation of the...

Excerpt: ...elling Travelers Casualty and Surety Company of America (Doe 151), Western Surety Company (Doe 152), Fidelity and Deposit Company of Maryland (Does 153) and North American Specialty Insurance Company (Doe 154) (hereinafter “Surety Defendants”) to arbitrate the fifth ca use of action with the claims previously ordered to arbitration or, in the alternative, to remove the claims subject to the arbitration agreement with their employer from arbi...

Excerpt: ...d to submit to this court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To deny Dr. Levine's motion. Explanation: The plaintiffs, Dr. Sarah Yost and Kelly Yost, sued two surgeons, Dr. Derek Taggard a nd Dr. Nicholas Levine, and Fresno Community Hospital and Medical Center dba Community Regional Medical Center and Community Health System ("CRMC") after Dr....

Excerpt: ...laration is ruled upon as follows: Objection No. 4 is sustained for improper legal conclusion. Objection Nos. 5 and 8 are sustained for irrelevance and lack of foundation. Objection Nos. 9, 14 -16 are sustained for improper legal conclusion. Objection Nos. 10 -12 are su stained for lack of personal knowledge. Objection No. 17 is sustained for lack of foundation. Objection No. 18- 20 are sustained for lack of personal knowledge. Objection No. 21 i...

Excerpt: ..., with leave to amend. Plaintiff shall serve and file his first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer First, to the extent that plaintiff seeks to state a clai m against defendant William Smittcamp, he has not alleged any facts showing that he was employed by Mr. Smittcamp, had a contractual or other relationship with him, or that Mr. Smittcamp did ...

Excerpt: ...f a d eposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire cting compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate ...

Excerpt: ...e “tantamoun t to no responses at all[]” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636), plaintiff's oppositions to the subject discovery motions notes that the verifications were served with the attendant oppositions – a representation not challenged in t he replies. Monetary sanctions are typically awardable under such circumstances. (See Cal. Rules of Court, rule 3.1348(a); Sinaiko Healthcare Consulting, Inc. v. Pacific He...

Excerpt: ...Person Mo st Qualified and Custodian of Records, dated November 16, 2023, and produce all documents as described in Exhibit A thereto. The deposition shall occur within seven days of service of the order by the clerk. To impose sanctions in the amount of $1,410 in f avor of plaintiffs Samantha Negrete -Cruz and Tomas Cruz and against defendant General Motors, LLC. Within 30 days of service of the order by the clerk, defendant General Motors, LLC...