Excerpt: ...ed responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc., §§ 2030.290, subd. (b) and 2031.300, subd. (b).) Frank Cruz to provide complete verified responses to all discovery set out above, without objection within 10 days after service of this order. To deny defendant Mel Abdelaziz's motion that the truth of the matters specified in the requests for admis...

Excerpt: ... supervision and assault and battery. On March 1, 2018, Plaintiff filed a motion seeking trial preference. Opposition and a reply have been filed. Trial Setting Preference CCP § 36 states in relevant part: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole...

Excerpt: ...s of action for conversion and replevin, contending that plaintiff Allstate has not alleged sufficient facts to constitute a cause of action. “The elements of a conversion cause of action are (1) plaintiffs' ownership or right to possession of the property at the time of the conversion; (2) defendants' conversion by a wrongful act or disposition of plaintiffs' property rights; and (3) damages.” (Baldwin v. Marina City Properties, ...

Excerpt: ...hese arguments, California and federal courts have consistently found that indigent plaintiffs in civil actions do not have a right to appointed counsel.” See Defendant's Memorandum of Points and Authorities in opposition at page 8 lines 12‐19 citing inter alia Turner v. Rogers (2011) 564 U.S. 431 and Storseth v. Spellman (9th Cir. 1981) 654 F.2d 1349, 1353. Plaintiff can only present policy arguments and innovative interpretations of federal...

Excerpt: ...e of this order. All new allegations shall be in boldface. Explanation: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by 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 demurrer. The court may likewise, in its discretion, aft...

Excerpt: ...strategic lawsuit against public participation (SLAPP) action. (Code Civ. Proc. §425.16.) Defendants' demurrer is ordered off calendar as moot. Plaintiff's attempted “discovery motion” is ordered off calendar, since Plaintiff did not obtain a hearing date for this motion. Defendants' evidentiary objections are overruled. Explanation: Anti‐SLAPP motion The anti‐SLAPP statute provides: “A cause of action against a person arising from any...

Excerpt: ...to allow Plaintiff to allege some other basis for attorney's fees, if it can. Plaintiff shall have ten (10) court days in which to file a First Amended Complaint. Explanation: A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurre...

Excerpt: ...es have been mailed to over 90% of the class members, although a small percentage could not be located, apparently because they have moved. No objections have been received, and no class members have chosen to opt out of the class. It does not appear that any other events have occurred which would cast doubt on the reasonableness of the settlement. Therefore, the court intends to grant the motion for final approval of the class action settlement,...

Excerpt: ...ontribution, as Laticrete has also settled with plaintiff and obtained its own order determining the settlement to be in good faith. Thus, Benchmark's indemnity and contribution claims against Laticrete are barred. Explanation: Under Code of Civil Procedure section 877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue o...

Excerpt: ...s. The Motion is Authorized: Plaintiff contends the motion is unauthorized because Fresno County Superior Court Local Rule 2.1.17(A) provides: “. . . no motion under [C.C.P.] sections 2016.010 through 2036.050 . . . shall be heard . . . unless . . . [a] request for a Conference has either been denied and permission to file the motion is expressly granted via court order or the discovery dispute has not been resolved as a consequence of such a c...

Excerpt: ... Currently the property is rented to non‐parties to this litigation. Plaintiff has served a demand on defendants to conduct a one‐hour inspection of the property. Defendants were unsuccessful in their attempts to obtain the current tenants' permission to inspect the property. Plaintiff moves to compel defendants to permit the inspection. The motion is brought under Code of Civil Procedure section 2031.320(a), which provides that if the party ...

Excerpt: ... 17CECG01691 as the lead case. All hearing dates currently scheduled in case number 17CECG02981 are ordered vacated. An Order to Show Cause re: Service is scheduled in Department 404 on July 12, 2018 at 8:30 a.m. Explanation: Rule 3.350 of the California Rules of Court governs the procedure to be used when filing a motion to consolidate. The motion must: (a) list all named parties in each case, the names of those who have appeared, and the names ...

Excerpt: ...ke Plaintiff's first amended complaint on the ground that it is a strategic lawsuit against public participation (SLAPP) action. (Code Civ. Proc. §425.16.) To grant Jonathan Donnellan's application for admission to the bar of this Court pro hac vice. (Cal. Rules of Court, Rule 9.40.) Explanation: Application Pro Hac Vice The Court does not find that Mr. Donnellan's representation of Defendants, by virtue of his representation of Hearst Televisio...

Excerpt: ...proceeds is not properly supported. The proceeds may be delivered to the petitioner/mother to be held in trust for the minor if the requirements of Probate Code §3401(c) have been satisfied. However, the requirements of Probate Code §3401(c) have not been satisfied. There is no evidence that the petitioner/parent has provided a written assurance, verified by oath that the total estate of the minor, including the money or other property to be pa...

Excerpt: ... mediation and therefore the extent to which any agreements reached during that meeting are subject to applicable mediation privileges. Any party to an arbitration in which an award has been made may petition the court to confirm the award. (Code Civ.Proc. §1286.) A petition must do at least the following: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate; (b) Set forth the names of the arbitrators; (c) Set for...

Excerpt: ...he petitions setting out the rule 7.955 factors and no Attachment 18a copy of the fee agreements attached to the petitions. The declarations and fee agreement were presented in a separate document dated a week after the petitioner signed the petitions. The petitions are supposed to contain all the required attachments and state how many pages are attached. See Item 23 of the petitions. This is how the Court can ensure that the petitioner had prop...

Excerpt: ...e Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The anti‐SLAPP statute may be invoked to challenge suits based on statements made in connection with an issue being considered by a judicial body. (Code Civ. Proc. §425.16(e)(2).) Pleadings, statements and writings “in connection with” civil litigation come within the parameters of the anti‐SLAPP statute. It need not be shown that the litigated matter is of public i...

Excerpt: ...e initial verified responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, are moot. Responses have been provided. The motion that the truth of the matters specified in the requests for admission, set one, be deemed admitted as to defendant Paul Evert's RV Country, Inc. is moot. Defendant provided response to the requests for admission that are in substantial compliance with ...

Excerpt: ... payable within 30 days to defendants' counsel of record, McCormick, Barstow, Sheppard, Wayte & Carruth, LLP. Should plaintiff fail to appear at the newly noticed deposition, defendants may file a motion for terminating sanctions without first complying with Fresno County Superior Court Local Rule 2.1.17. Explanation: There was no need for defendants to comply with Local Rule 2.1.17 and request a pretrial discovery conference before filing this m...

Excerpt: ... the “Alternative Dispute Resolution Policy” (“ADR policy”), including the Spanish language versions of these documents, which shorten the timeframe to bring a claim to one year from the termination of employment, are deemed severed from those documents. To overrule all of plaintiff's evidentiary objections. Explanation: The moving party bears the burden of showing the arbitration agreement exists. (Code Civ. Proc. § 1281.2; Engalla v. P...

Excerpt: ...erk's service of this order. As an evidence sanction, if the cell phone is not produced within 20 days of the clerk's service of this order, the court hereby orders that the cell phone and videos filmed on that cell phone may not be referred to at trial or introduced in evidence in this proceeding. To order plaintiffs Manuel Cubias and Gustavo Gonzalez to appear for properly noticed depositions within 30 days of the date of the clerk's service of...

Excerpt: ...order. Explanation: The party moving for summary judgment/adjudication bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co., supra, (2001) 25 Cal.4th 826, 850.) Only then does the burden of production shift to the party opposing summary judgment, who is then subject to its own burden of production to make a prima facie showing that a triable issu...

Excerpt: ...five‐ year trial date. Explanation: The court incorporates herein its ruling of May 9, 2017 for historical perspective. 1. CLASS CERTIFICATION a. Standards 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, Newbe...

Excerpt: ...e reasonable “ballpark” of the settling crossdefendants' liability. (Code Civ. Proc. § 877.6; Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488, 499‐500.) Explanation: Under Code of Civil Procedure section 877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐ obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlem...

Excerpt: ...n good faith shall bar any other joint tortfeasor or co‐obligor from any further claims against the settling tortfeasor or co‐ obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. §877.6(c).) In considering a motion pursuant to section 877.6, the court balances the statute's goals of (1) encouragement of settlements, and (2) equitable sh...