Excerpt: ...ss meets the requirements for certification before it can 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 suffciently numerous, ascerta...

Excerpt: ...Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC ("Defendant") demurs to the fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively "Plaintiffs"). ...

Excerpt: ...or (b). The supplemental briefs are due simultaneously on December 1, 2023 and are not to exceed 10 pages. Explanation: This motion arises out of a wrongful death claim brought by decedent's spouse. The petition to intervene is brought by decedent's mother, Suzanne Lagay. Intervention is the by which a non-party to an action may become a party. (See Code Civ. Proc., S 387.) Interventon may be as of right or permissive. (Ibid.) A nonparty has the ...

Excerpt: ...l records filed on May 5, 2023 as part of defendant Angelica Jimenez M.D.'S motion for summary adjudication. Plaintiff has met the requirements of Rule of Court 2.550 with regard to the sealing of documents. Under Rule of Court 2.550, subdivision (c), "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550, subd. "A record must not be filed under seal without a court order. The court mu...

Excerpt: ... vehicle ensued which form the basis of the instant complaint for damages. Plaintiff brought three causes of achon against defendant Hyundai Motor America ("Defendant"), for breach of express warranties afforded through the Song-Beverly Act; breach of implied warranties afforded through the Songaeverly Act, and violation of secton 1793.2 of the Civil Ctxle.l The agreement is a retail installment sales contract ("RISC") made Plaintiff and a non-pa...

Excerpt: ...dings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party s interest in the litigation. Civ. Proc., S 36, subd. "upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no contnuance beyond 120 days from the granting of the motion for prefer...

Excerpt: ...der precluding him from being deposed for any reason under any circumstances. In support, Plaintiff submits the declarations of Susan M. Fosnot, Ph.D, a licensed and certified speech-language pathologist, and Dana Chidekel, Ph.D, a clinical psychologist certified in pediatric neuropsychology. The declarations generally conclude that Plaintiff: has an unreliable memory; has limitations that preclude him from reliably differentiating the truth from...

Excerpt: ...superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same tme that it is submitted to the court."]) The trial court is to "evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state l...

Excerpt: ...ement amount is $182,915.07. A revised proposed order shall be submitted to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at November 6, 2024, at 3:30 p.m. in Department 403 as a hearing date for an Amended Judgment pursuant to Cuie of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later t...

Excerpt: ... 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, 697.) In assessing t...

Excerpt: ...2030.300 on the basis that "[p]laintiff[s] failed to or to submit to an authorized method of discovery, made evasive responses to discovery (Notice of Motion, at p. 2:11-13.) Defendant's separate statement, however, shows that plaintiffs responded to each of the subject requests for admissions with straight forward denials and factual replies, and which, in particular, identified nonparty Ken Boyd as their intermediary with defendant and primary ...

Excerpt: ... Fresno County Superior Court Case Number 22CECG019861 , which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed the stop sign at the intersection, precipitating the subsequent collision. Defendant Singh fled t...

Excerpt: ...n Slatic unless responses in substantial conformity with Code of Civ-l Procedure section 2033.220 are served prior to the hearing. To impose monetary sanctions in the total amount of $60 against plaintiff Kathleen Slatc, in favor of defendant Daniel Ashley. Within thirty (30) days of service of the order by the clerk, plaintiff Kathleen Slat-ic shall pay sanctions to defendant Daniel Ashley's counsel. Explanation: On December 23, 2022, the discov...

Excerpt: ...t interest must timely ask the court to determine if it is entitled to such interest. (North Oakland Medical Clinic v. Rogers (1998) 55 Cal.App.4th 824, 829-830 ("North Oakland").) In North Oakland, the court considered the issue of whether plaintiffs had timely filed their motion for prejudgment interest. (See ld. at p. 829.) The parties and the court agreed that "no statute or rule of court establishes a procedure for requesting an award of pre...

Excerpt: ...ant Student Transportation of America, Inc. (STA) in part. To order STA to provide verified responses to the interrogatories and requests for to the extent that it provided substantive responses to the interrogatories and requests. STA shall serve verified responses within 10 days of the date of service of this order. To grant the motion deeming STA to have admitted the truth of the matters in the requests for admission to the extent that STA ser...

Excerpt: ...he opposing party disclosed to the expert with an expectation of confidentiality. (Shadow Traffic Network v. Superior Court (1994) 24 Cal. App. 4th 1067, 1078-80.) "Because the burden is on the party seeking to disqualify the expert, that party should point to specific and unambiguous disclosures that if revealed would prejudice the party." (Hewlett-Packard co. v. EMC corp. (N.D. cal. 2004) 330 F.supp.2d 1087, 1094.) The party should not be requi...

Excerpt: ...et seq. Defendant Britz Farming Corporation now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to stay the representative portion of the PAGA claim brought on of all aggrieved employees. A trial court is required to grant a moton to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." Civ. Proc., S 1281.2.) However, there is "no public policy in favor of f...

Excerpt: ...to the demurring defendants. Explanation: 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...

Excerpt: ...be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Exhaustion of Administrative Remedies "In general, a party must exhaust administrative remedies before resorting to the courts." (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Board (2005) 35 Cal.4th 1072, 1080.) Furthermore, "[w]here administrative remedies exist, California courts usuall...

Excerpt: ... eighth [sic, tenthl cause of action. (Code Civ. Proc. (Code Civ. Proc. S 430.10, subd. (f).) Leave to amend is granted to correct the mis-numbering of the ninth and tenth causes of action in addition to the two causes of action for breach of fiduciary duty. Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. ...

Excerpt: ...oldface. Explanation: Defendant State of California ("the State") argues that plaintiff County of Fresno ("the County") has sued the wrong partyl because it was the federal government and not the State that mandated the name change from "Sq Valley" 2 to "Yokuts Valley", the County has adequately alleged that the State passed AB 2022, which prohibited the use of the word "sq_" for geographic names and place names, and to change the names of places...

Excerpt: .... Explanation: 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.) ...

Excerpt: ... the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." (In re Tobacco II Cases (2009) 46 Cal. 4th 298, 313.) California case law requires that substantial evidence un...

Excerpt: ...hin the next 120 days. Explanation: Under Code of Civil Procedure section 36, subdivision (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 achon as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in t...

Excerpt: ...t (1987) 43 Cal.3d 833 (Vinson), the California Supreme Court rejected the plaintiffs claim that her mental condition was not placed "in controversy" by her allegation of continuing emotional distress. "[Clourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. ' (ld. at p. 842.) "[A] party who chooses to allege that he has mental and emotional difficulties can hard...

Excerpt: ...quest for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Under Code of Civil Procedure section 1048, subdivision (a), "[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning procee...

Excerpt: ...rd in Department 502 on Wednesday, November 1, 2023 at 3:30 pm ** Tentatve Ruling: To grant. (Code Civ. Proc., SS 2030.290, 2031.300.) Within 20 days of service of the order by the clerk, defendant Maria Angelica Ruiz Maciel shall serve objection-free responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and produce all responsive documents. The matters specified in plainti...

Excerpt: ...laint Tentative Ruling: To continue the hearing on the motion for a protective order to November 9, 2023. Plaintiff Daniel Real is authorized to file, no later than 5:00 p.m. on Friday, November 3, 2023, the declarations of Susan M. Fosnot, Ph.D and Dana Chidekel, Ph.D that were served on the parties. No other documents are authorized to be filed. To deny each of the motions to quash third-party subpoenas as moot. To grant the motion for leave to...

Excerpt: ...nary 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 pro#r. (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 motion for cl...

Excerpt: ... its answer to the Complaint within 10 days of service of the order by the clerk. Explanation: It is "the established rule that as against a general demurrer a complaint will be liberally construed that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary i...

Excerpt: ...murrer to the fourth cause of action and to sustain the general and s#cial demurrers as to the first, second, third, and sixth causes of action, with thirty (30) days leave to amend, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: General and Special Demurrers The basis for this demurrer is that the complaint, in its entirety, fails to state facts sufficient to cons...

Excerpt: ...s, Angel Gomez and Tomas Gomez who owned the property as joint tenants, and accomplished the transfer through a Grant Deed from Angel Gomez to himself and a Grant Deed from defendant Tomas to plaintiff executed by attorney Thornton Davidson as Attorney-in-Fact for defendant. (Complaint, '14.) Plaintiff has not submitted evidence to support these asserted facts to establish his right to legal title to the property. The evidence plaintiff has submi...

Excerpt: ...d claims are barred by the economic loss rule, as the defendants/cross-complainants have only alleged that they suffered financial harm due to plaintiffs' alleged breach of their contractual duties. Plaintiffs contend that, because defendants only allege economic harm from a contract breach, they cannot reccwer in tort as well. It is true that "[a] person may not ordinarily recover in tort for the breach of duties that merely restate contractual ...

Excerpt: ...y be amended within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or c...

Excerpt: ...ng's Commercial Transfer, Inc. ("YCT) filed the instant action and were later named as defendants in Fresno County Superior Court Case Number 22CECG01986, which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed...

Excerpt: ...d no later than November 28, 2023. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiffs move the court for leave to file a second amended complaint following the death of plaintiff Parmjit Sekhon after the filing of this action. The motion is brought pursuant to Code of Civil Procedure section 473 and seeks to add Jasbir Sekhon (originally decedent's g...

Excerpt: ...letion of arbitration. If a timely request for oral argument is made, such argument will entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code section 2698 et seq. Defendants Sally Beauty Holdings, lnc„ and Beauty Systems Groups LLC (together "defendants") now seek an order com#lling p...

Excerpt: ... justifying the exercise of jurisdiction." (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449.) Once the plaintiff meets their burden of establishing minimum contacts, the burden shifts to the defendant to demonstrate that exercising jurisdiction would be unfair or unreasonable. (Secrest Machine Corp. v. Superior Court (1983) 33 Cal.3d 572.) Personal jurisdiction is either general, where the nonresident's contacts with the fo...

Excerpt: ...ions as set forth below. To grant the motion to compel further verified response to Demand for Production, Set One. Within 20 days of service of the order by the clerk, plaintiff shall provide a second amended response to each document demand and produce all responsive documents, if they have not pr(Nluced already. To impose $3,120 in monetary sanctions against plaintiff Megan Zupancic and in favor of Platinum Coast Inc., to be paid to Platinum C...

Excerpt: ..., "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, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an ...

Excerpt: ...e clerk of the minute order. New allegations/language must be set in boldface type. To find plaintiffs' moton for leave to amend moot. Explanation: JUDGEMENT ON THE PLEADINGS A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) The grounds for the motion must appear on the face of the chall...

Excerpt: ...dard for Awarding Attorney's Fees Probate Code section 4545 provides that when a challenge is made to a power of attorney by someone other than the attorney in fact, "the court may in its discretion award reasonable attorney's fees" to the attorney in fact, if the court determines that the proceeding was commenced without any reasonable cause." The Probate Code does not define reasonable cause" as it is used in section 4545. However, California c...

Excerpt: ...ney, jointly and severally, payable no later than 30 days from the date of this order, with the time to run from the service of this minute order by the clerk. Civ. Proc. SS 2030.31W, subd. (d), 2023.010, subd. (h).) Explanation: A motion to compel further responses lies where the responses to the interrogatories are deemed improper by the propounding party, i.e., meritless or overly general objections, evasive or incomplete answers. (Code Civ. P...

Excerpt: ... claims from arbitration. To dismiss the plaintiff's class claims. To stay the litigation of the PAGA claim until the arbitration has been resolved. Explanation: Pursuant to California Code of Civil Procedure secton 1281.2, "On petition of 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 petitioner ...

Excerpt: ...ent with the court's summary judgment order. 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. Civ. Proc., S 437c, subd. Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts...

Excerpt: ...d Avenue, Fresno, California 93726 (the "Property"). Plaintiff alleged having exclusive, complete, open, continuous and notorious possession of the property for more than five years. Plaintiff now seeks summary judgment. A party may move for summary judgment in an action if is contended that there is no defense to the action. (Code Civ. Proc. S 437c, subd. (a)(l).) Notice of the motion and supporting papers shall be served on all other parties to...

Excerpt: ....App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) 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 action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. The court may make an o...

Excerpt: ...'s fees and court costs as may be Þxed by the court.” (Health & Saf. Code, § 17980.7, subd. (c)(11).) Also, “[i]f the court Þnds that a building is in a condi
Ÿon which substan
Ÿally endangers the health and safety of residents pursuant to Sec
Ÿon 17980.6, upon the entry of any order or judgment, the court shall do all of the following: … Order the owner to pay all reasonable and actual costs of the enforcement agency including, but n...

Excerpt: ...lass Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose 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. Se...

Excerpt: ...h 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735 ["'motion for judgment on the pleadings is equivalent to a demurrerml.) The purpose of the Government Claims Act ("Claims Act") is "to give the public entity the opportunity to investigate and settle the claim without the cost of litigation[l" (Le Mere v. Los Angeles Unified School DIst. (2019) 35 Cal.App.5th 237, 247), and accordingly courts typically view the "present...

Excerpt: ...equests for Production, Set One. (Code Civ. Proc. S 2031.320, subd. (a).) The documents shall be served no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To deny the request for sanctions pursuant to Code of Civil Procedure section 2031.310, subdivision (h). Explanation: The motion at bench was calendared as a motion to compel initial responses to discovery. However, the moving...

Excerpt: ...ries (Set One), Special Interrogatories (Set One), and Request for Prtxluction of Documents (Set One). Plaintiff Dwayne Williams is ordered to serve verified responses, without objections, to defendant within 30 days of service of the minute order by the clerk. To grant defendant Jaene Ojeda Mendoza's requestto deem Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admit...

Excerpt: ...names of the arbitrators; and (c) set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. Misaghi has complied with these requirements. Thus, unless pro#rly moves to vacate, correct or dismiss the petition, the court must confirm the arbitration award and enter judgment thereon. (Code Civ. Proc., SS 1286; 1287.4; Eternity Investments, Inc. v. Brown (2W7) 151 Cal.App.4th 739, 744-45.) Deli Delicious agree...

Excerpt: ...11-16.) The court disagrees. The court granted plaintiff an order shortening tme at the ex parte hearing, with the added proviso that "[nlew filings will flow from the new hearing date." However, this did not require plaintiff to refile his motion. Rather, the court's order effectively advanced plaintiff's hearing date from January 18, 2024, to October 17, 2023 (which was then continued again to October 19, 2023). The court's direction regarding ...

Excerpt: ...injured on the job while working for an electrical subcontractor on September 25, 2019 at a constructon site at 570 N Magnolia Ave., Clovis, California 93611. Defendants Perch Construction, Inc. and Frontline Plastering were the general contractor and subcontractor, respectively. Perch's cross-complaint against Frontline seeks to enforce the defense and indemnity provisions of their subcontract pursuant to which Frontline agreed to provide plaste...

Excerpt: ...nia Attorneys, Administrative Law Judges and Hearing Offcers in State Employment ("Plaintiff") brings one cause of action for declaratory relief against defendants California Department of Human Resources and Eraina Ortega as Director for the California Department of Human Resources (collectively "Defendants"). Plaintiff seeks a judicial declaration of its rights as affected by Defendants' interpretation of certain state law. This court previousl...

Excerpt: ...Explanation: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2007) 42 Cal.4th 201, the California Sup...

Excerpt: ... Explanation: Plaintiff Jeff Reich individually and doing business as The Reich Law Firm (together "Reich"), filed suit on July 19, 2021, to collect fees due for litigation services provided to Lucille Srabian and Morris Srabian in a prior lawsuit. Lucille Srabian ("Srabian") filed a Crosscomplaint against Reich. Srabian filed no opposition to the demurrer. Grounds for Demurrer to Cross-complaint Srabian's Cross-complaint has three causes of acti...

Excerpt: ...: Demurrer — General Principles 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., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [ "'A demurrer can be utilized where the complaint itself is incomplete . [Citations.]" l.) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or co...

Excerpt: ...s. (Code Civ. Proc., S 2025.450, subd. (c)(l).) In the event that plaintiff refuses to agree upon a date then the date shall be unilaterally set by defendants' counsel. To deny the request to impose $713M in monetary sanctions (as a cost reimbursement) because due process requires that the request appear on the caption page of the notce of moton. Explanation: The motion is brought pursuant to Code Civ. Proc., S 2025.450. Subdivision (a) thereof p...

Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...

Excerpt: ...efendant's failure to obey the court's order entered on March 29, 2023, which issued from plaintiff's unopposed motion to compel initial responses to discovery. The order required defendant Hollly-Ray to serve initial responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents (all set one), and required defendant and her attorney, Brian Folland, to pay (jointly and severally) monetary sanctions in the amou...

Excerpt: ...furcated as follows: should a jury find liability on the cause of action for defamation and liability for punitive damages, the parties will then present evidence on punitive damages. (Civ. Code S 3295, subd. (d).) To deny defendant's motion for to require plaintiff to post security for costs. (Code Civ. Proc. S 1030.) Explanation: Motion to Bifurcate Punitve Damages Civil Code section 3295, subdivision (d) provides in relevant part: "The court s...

Excerpt: ...ruling. Explanation: A plaintiff is entitled to summary judgment if they have met their burden that '"each element of' the 'cause of action' in question has been 'proved,' and hence that 'there is no defense' thereto." (Aguilar v. Atlantic Richfield Co. (2CM) 25 Cal.4th 826, 8%'.) "A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the pla...

Excerpt: ...ounsel will breach the fiduciary obligations they owe to the absent class members. As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) before securing the court's approval as fair." (Koby v. ARS National Services, nc. (9th Cir. 2017) 846 F. 3d 1071, 1079.) "[lln the final analysis it is the Court that bears the responsibi...

Excerpt: ...]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) representative action under PAGA is not a class action% and is instead a 'type of qui tam action', a standard requiring the trial court to determine inde#ndently whether a PAGA settlement is fair and ...

Excerpt: ...n: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2W7) 42 Cal.4th 201, the California Supreme Court ...

Excerpt: ...t be set in boldface type. Explanation: 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) ...

Excerpt: ...fendant's Person Most Knowledgeable ("PMK") and for production of documents. Plaintiff's counsel asserts that defendant was served with a deposition notice on January 6, 2023. However, the notice attached to counsel's declaration is signed November 14, 2022 for a deposition scheduled for February 23, 2023. (Kreymer Decl., 2 and Exh. 1.) Notably, no proof of service accompanies this notice. Defense counsel asserts that November 14, 2023 plaintiff ...

Excerpt: ...on: Defendant Stella Villagomez moves for summary judgment, or adjudication of the first amended complaint against her. Although moving defendant denies having taken, secreted, appropriated, obtained or retained any property from the plaintiff or the assistance of another of the same, plaintiff has demonstrated there is a dispute of these material facts. As a result, the motion is denied. Statute of Limitations and Plaintiff's Status as an "Elder...

Excerpt: ... causes of action. To deny the moton to strike portions of the complaint, in its entirety. To deny the motion to deem the matters in the requests for admission, sets one and two, to be admitted, as plaintiff has now served code-compliant responses. To grant sanctions against plaintiff's former counsel, Brian Folland, in the amount of $800. Mr. Folland shall pay sanctions to defendants within 30 days of the date of service of this order. If oral a...

Excerpt: ...he motion to strike without leave to amend. If oral argument is timely requested, it will go forward Wednesday, October 18, 2023, at 3:30 p.m., in Dept. 403. Explanation: Self-represented plaintiff Victor M. Alvaro Garcia filed a three-page Judicial Council form complaint against defendant Carmen Elizabeth Tharp. The defendant demurs to the complaint on the ground that it lacks the necessary allegations to state a cause of action against her. Mee...

Excerpt: ...counsel shall call the court to take the demurrer as to defendant Person off calendar. If it does not resolve the issues, counsel for defendant Person shall file a declaration on or before November 1, 2023, stating, in detail, the efforts made. Defendant Fresno Unified School District's demurrer is continued in order to have the motions heard the same date. Explanation: Ctxle of Civil Procedure section 430.41, subdivision (a), makes it clear that...

Excerpt: ...tiff cannot prevail on her first cause of action for harassment based on her disability because she was not subjected to any severe or pervasive conduct that would qualify as harassment during her employment with Saint Agnes. "In construing California's FEHA, this court has held that the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe. This limitation mirrors the federal cou...

Excerpt: ...ons of the First Amended Complaint ("FAC") pursuant to Code of Civil Procedure section 418.10, subdivision (a)(l). In the alternative, Defendant seeks to set aside the entry of default against her.l Code of Civil Procedure section 418.10, subdivision (a)(l) provides that a defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion to quash s...

Excerpt: ...ivative claims on behalf of Williams & Doris Land & Energy and Oil City LLC (referred to collectively as the "WLDE Defendants"). WLDE Defendants move to require plaintiff to post a $50,000 bond pursuant to Corporations Code section 17709.02, subdivision (b). Within 30 days after service of summons on a limited liability company, the company may move the court for an order requiring the plaintiff to furnish security. (Corp. Code, S 17709.02, subd....

Excerpt: ... further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,350. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code...

Excerpt: ...If a timely request for oral argument is made, such argument will be entertained on Wednesday, October 11, 2023, at 3:30 p.m. Explanation: Meet and Confer Plaintiffs assert that defendants failed to comply with Code of Civil Procedure section 435.5. Specifically, plaintiffs argue that defendants failed to meet and confer with plaintiffs regarding the issues raised by the motion to strike, though defendants still had ample time to meet and confer ...

Excerpt: ...efendant California Department of Transportation ("Defendant") seeks to stay the present matter in favor of allow-ng a parallel proceeding between it and plaintiff Maisa Kurdi ("Plaintiff") to proceed. An application for a stay is addressed to the sound discretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) In exercising its discretion, the court should consider the importance of, among other things, avoiding ...

Excerpt: ... matters specified in the Requests for Admission, Set Two, are to be deemed admitted unless each defendant serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Prcyc., S 2033.280, subd. To grant monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $940.00 as to each defendant. Mone...

Excerpt: ... To sustain defendant Graney's special demurrers to causes of action Sustain special demurrers to causes of action 1, 2, 3, 6, 9, 10, 11-14, with plaintiff granted 10 days' leave to file a second amended complaint. (Code Civ. Proc., S 430.10, subd. To sustain Graney's general demurrers to causes of action 6, 7, 9, 10, 12 and 14, with leave to amend as to all but 6 and 12. To overrule general demurrers to causes of action 1, 2, 3, 5, 8, 11 and 13....

Excerpt: ...f the minute order. Explanation: The function of a demurrer is to test the suffciency 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.A...

Excerpt: ...two on the back, but here counsel has not signed any of the lines. The form is mandatory and must accompany every default judgment application. (Cal. Rules of Court, rule 3.1800(a).) Therefore, since the request for default judgment is incomplete, the court cannot grant the application. Also, while plaintiff's CEO, Richard Torosian, has provided a declaration summarizing the amount of damages, which are based on the unpaid shipping invoices, Mr. ...

Excerpt: ...ic situaton. In March 2020 the decedent, Anthony Choza, Jr., was a pedestrian on Hughes near Brown Avenue in Fresno when he was struck by a vehicle driven by defendant David Zarucchi. The plaintiffs allege the lack of lighting at the location created a dangerous condition to public property and was a substantial factor causing the decedent's death. The plaintiffs are the decedent's wife, individually and on behalf of the decedent's estate, and hi...

Excerpt: ...Wershba v. Apple computer, Inc. (2001) 91 cal.App.4th 224, 240; see Dunk v. Ford Motor co. (1995) 48 cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to apprcwe a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for...

Excerpt: ...l interrogatories, as a result of plaintiff's counsel's failure to appear at the scheduled Pretrial Discovery Conference. Plaintiff's counsel filed opposition to defendant's request for a Pretrial Discovery Conference, and was aware of the date the court had initially set for said conference, and was also aware of the contnuance granted, which set the conference for August 4, 2023. Counsel states he failed to appear because even though his office...

Excerpt: ...r v. Atlantic Richfield co. (2001) 25 cal.4th 826, 859, fn. 29; Ten Eyck v. Industrial Forklifts co. (1989) 216 Cal.App.3d 540, 545.) Once judgment is entered, it "may correct judicial error only through certain limited procedures such as motions for new trial and motions to vacate the judgment." (APRI Ins. Co. v. Superior Court, supra, 76 Cal.App.4th at p. 181.) Mandatory Relief Pursuant to Code of Civil Procedure section 473, subdivision (b) Th...

Excerpt: ...trate." (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.) Defendant American Honda Motor Co., Inc. ("Honda") moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail instal...

Excerpt: ...uent bad faith denial (in part) of his insurance policy claim. The complaint includes the following causes of acton: breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiff seeks the following: general, special, economic, and consequential damages (according to proof), puritive damages, attorney's fees, costs, and pre-judgment interest. Defendant filed its motion to strike with regard to Paragraph 34 (Page ...

Excerpt: ... which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on November 8, 2022, against Kia, but not the seller. The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act— Breach of Express Warranty; (2) Violation of the Song-Beverly Act— Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act section 1793.2. Kia now moves to compel arbitratio...

Excerpt: ...n ten (10) days from the date of this order. Explanation: Plaintiff's allegations of medical negligence typically require competing expert opinion to defeat a motion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 75; Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.) In other words, defendant is entitled to summary judgment and the motion must be grant...

Excerpt: ... Procedure section 439 and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the motion for judgment on the pleadings and motion to strike. If the parties cannot agree on the purported deficiencies in the complaint, defendant may calendar another hearing date for the motions and must comply with Code of Civil Procedure secton 439 and 435.5 in doing so. If the parties need more time to meet and confer, they may ...

Excerpt: ...ll dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at October 1, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure secton 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than September 11, 2024. Explanation: "Before final approval, the court must conduct an inquiry into t...

Excerpt: ...emurrers to the seventh, eighth, and ninth causes of action as to all defendants, with leave to amend only as to Beau and Sunshine Pennington. To sustain the demurrers to the fifth and eleventh causes of action, without leave to amend. Plaintiff is granted 10 days' leave to file the Third Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the motion t...

Excerpt: ...o compel further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,755. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Un...

Excerpt: .... To impose monetary sanctions in the amount of $6,825 against defendant South Bay Safety Inc. (not its attorney). Defendant South Bay Safety Inc. (not its attorney) shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. If a timely request for oral argument is made, such argument will be entertained on Friday, October 6, 2023, at 10:30 a.m. Explanation: Code of Civil Procedure secton 2023.010...

Excerpt: ... evidence in the light most fawrable to plaintiffs'" and "'liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant['s] own evidence, in order to resolve any evidentiary doubts or ambiguities in plaintiffs' favor.'" (McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88, 96-97, citations omitted.) The court does not weigh evidence or inferences (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th...

Excerpt: ...e clerk. Explanation: Initially the court notes that in previously granting leave to amend, plaintiff was directed to place all new allegations in boldface type. Plaintiff did not follow this direction. In the future please place new allegations in boldface type when requested, to facilitate the evaluation of such a long amended pleading. Also, plaintiff's opposition brief does not have page numbering, as required by Cal. Rules of Court, rule 2.1...

Excerpt: ...fornia, Inc. and Javier Rene Gonzalez-Martinez are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: Plaintiff Emma Kormas ("Plaintiff") filed a First Amended Complaint ("FAC") for eight causes of action: 1. Intentional Misrepresentation; 2. Negligent Misrepresentation; 3. Breach of Fiduciary Duty; 4. Financial Elder Abuse; 5. Negligence; 6. Negligent Supervision and Training; 7. Concealment; and...

Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...