Excerpt: ... injunction. The matter is not being heard on an ex parte basis. A preliminary injunction may be granted any time before judgment upon affidavits that show sufficient grounds, and notice to the opposing parties. (Code Civ. Proc. S 527, subd. (a).) Generally, the complaint must set forth a cause of action for injunctive relief to support the issuance of a preliminary injunction. (See Code Civ. Proc. S 526, subd. (a)(1)-(2).) However, a preliminary...

Excerpt: ...ory Miyake, DMD ("Defendant") seeks an award of attorney fees pursuant to Civil Code section 1717 following the dismissal of the Complaint by plaintiff Mehdi Jafarinejad, DMD ("Plaintiff"). The Complaint stated five causes of action: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. Trial was set for this matter for Ju...

Excerpt: ...esno Code Enforcement Division and John Giannetta's demurrer to the Third Amended Complaint, without leave to amend. (Code Civ. Proc. S 430.10, subd. (e).) Defendants Fresno County Tax Collector Oscar Garcia, City of Fresno, City of Fresno Code Enforcement Division, and John Giannetta are directed to submit a proposed judgment. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enf...

Excerpt: ...of Documents, Set One Tentative Ruling: To grant the motions to compel verified discovery responses, and for deemed admissions. (Code Civ. Proc., S 2030.290, 2031.300, 2033.280.) Within 10 days, plaintiff Jose Madrigal shall serve objections-free, verified responses Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Se...

Excerpt: ...take one full eight-hour day. Explanation: Any party may obtain discovery by means of a physical or mental examination of a party to the action, in any action "in which the mental or physical condition of that party is in controversy in the action. ' (Code Civ. Proc., S 2032.020, subd. (a)(l).) If a party desires to obtain discovery by a physical or mental examination, that party shall obtain leave of court. (Code Civ. Proc., S 2032.310, subd. Th...

Excerpt: ...v. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed 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 Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to co...

Excerpt: ...d all aggrieved employees under Labor Code section 2698 et seq. Defendant now seeks an order compelling plaintiff to private arbitration of his individual claims, and dismissal of the class claims. A trial court is required to grant a motion to compel arbitration "if determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the part...

Excerpt: ...t dismissing the action as to the City of Fresno. Explanation: A motion for judgment on the pleadings can be made at any time before or during trial. The motion performs the same function as a general demurrer, and thus attacks defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1058.) The plaintiff, Kimberly Ramirez (Plaintiff), has ha...

Excerpt: ...o constitute a cause of action, with leave to amend. To overrule the City's demurrer to the first and third causes of action. To sustain the City's demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. Plaintiff is permitted to file and serve a Third Amended Complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanat...

Excerpt: ...ustin Harris only, including the language "and/or Defendant Harris" contained in paragraph 74. Explanation: Objection The court sustains the hearsay objection to paragraph 10 of the Aretakis Declaration. Ant-SLAPP A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought "primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grievances." (Code Civ. Proc., S 425.16,...

Excerpt: ...: Demurrer The function 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 succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) In a...

Excerpt: ...t 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 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested moti...

Excerpt: ... Plaintiffs move, pursuant to Code of Civil Procedure, section 437c, subdivision (f)(l), for summary adjudication against all three of defendant's affirmative defenses raised in his answer: (1) self-defense, (2) defense of property, and (3) necessity. Plaintiffs contend that defendant cannot establish any of these affirmative defenses. However, the evidence plaintiffs submit in support of its motion, with the exception of the decedent's cause of ...

Excerpt: ...inute order, a proposed judgment dismissing this action. To grant monetary sanctons against plaintiff and plaintiff's counsel in the amount of $1,359.95. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Terminating Sanctions: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civi...

Excerpt: ...rant each moton to compel initial responses. Within ten (10) days of service of the order by the clerk, plaintiff Kent Lane shall serve verified responses, without objections, to Form Interrogatories, Set One. To impose monetary sanctions in the total amount of $820.00 against plaintiff Kent Lane, in favor of defendants Abel Cintora and Abel's Towing & Roadside Service, Inc. Within thirty (30) days of service of the order by the clerk, plaintiff ...

Excerpt: ... pay monetary sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 2025.450, "If, after service of a deposition notice, a party to the action without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the d...

Excerpt: ...ice of the order. If a timely request for oral argument is made, such argument will be entertained on Thursday, January 11, 2024, at 3:30 p.m. Explanation: Summary judgment is properly granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of act...

Excerpt: ...or about November 5, 2020, Plaintiff, a minor, was a guest at the home of defendants Jason Mengior Pritchard Sr., Jason M Pritchard II, David Garrett and Desiree Garrett. Defendants allegedly gave alcoholic beverages to plaintiff and provided more alcohol after plaintiff was obviously intoxicated. Plaintiff left the location, apparently on foot, and was struck by a car. The parties are all in agreement that plaintiff's negligence claim relies on ...

Excerpt: ...On October 31, 2022, plaintiff John Doe, a minor by and through his guardian ad litem, Sara Parker, filed suit against defendants Fresno Unified School District and William Duprey regarding claims of sexual abuse, and negligent hiring and supervision in or around September 2019.1 On May 18, 2023, plaintiff A.J., a minor by and through his guardian ad litem Jose Miguel Juarez, filed suit against defendants Fresno Unified School District and Willia...

Excerpt: ...tate facts sufficient to constitute a cause of action, with leave to amend. Plaintiffs shall serve and file their third amended complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: CSU and the Association's Demurrer to Third Cause of Acton: Defendants demur to the third cause of action for intentional interference with contractual relationship on the ground that they are not "stran...

Excerpt: ...(b); Code Civ. Proc., S 437c, subd. (h).) Explanation: Withdraw Admissions The court may permit a party to withdraw or amend an admission made in response to requests for admission only if the court finds: 1) the admission resulted from "mistake, inadvertence or excusable neglect;" and 2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (Code Civ. Proc., S 2033.300, subd. (b).) T...

Excerpt: ...nterprises, Inc. ("Plaintiff"). Big Valley challenges the proof of service, which indicates service on a Jane Doe, arguing that Jane Doe is not one of the statutory persons upon whom service on a corporation may be effected. Where the party to be served is a corporation, summons may be served on, among others, the corporation's: agent for service of process; or president, chief executive officer, or other head of the corporation, a vice president...

Excerpt: ...ke plaintiff's objections in the responses, as plaintiff waived the right to object when he failed to serve timely responses and thus the objections are improper. Explanation: under Code of Civil Procedure section 2033.280, If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including ...

Excerpt: ... set one. (Code Civ. Proc. SS 2030.290, subd. (b), and 2031.300, subd. Plaintiff is ordered to serve complete verified responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To deem defendant's request for admissions, set one, admitted by plaintiff Sukhwinder Singh. (Code Civ. Proc. 52033.280, subd. (b).) To require defendant to pay $120 for moton fees to the clerk (in addition to...

Excerpt: ...gainst plaintiff in the amount of $1800, payable within 10 days of the date of this order, with the time to run from service of this minute order by the clerk. Explanation: Discovery Motions Generally As a preliminary matter, motions to compel compliance with separate discovery requests ordinarily should be filed separately. Despite the fact that plaintiff has only set one motion on the court's calendar, the court will rule on the motion, which i...