Excerpt: ....) Defendants' demurrer and motion to strike are taken off calendar. Explanation: Plaintiffs move to set aside the June 22, 2022 Order, on the ground that defendants failed to properly serve plaintiffs with notice of their motion. Although defendants' motion included a proof of service indicating that defendants electronically served the motion, plaintiffs contend that they did not consent to electronic service and the proof of service was defect...

Excerpt: ...vehicle ensued, forming the basis of the instant complaint for damages. Plaintiff brought six causes of action against defendant FCA US, LLC (“defendant”) for express and implied violations of warranties afforded through the Song‐Beverly Act. Defendant moves to compel arbitration on an arbitration clause in a sales contract made between plaintiff and a dismissed party, Clovis Chrysler Dodge Jeep Ram.1 A trial court is required to grant a mo...

Excerpt: ...burden of persuasion on summary judgment/adjudication rests on the moving party. The initial burden of production is to show, by a preponderance of the evidence, that it is more likely than not that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) In determining whether any triable issues of material fact exist, the court must strictly construe the moving papers and liberally construe the dec...

Excerpt: ...ther the proposed class 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 (rev. denied); see also Newberg, Newberg on Class Actions (T...

Excerpt: ... a first amended complaint alleging a violation of Labor Code section 1102.5 (retaliation). Plaintiff is the former chief of police for the City of Parlier and alleges he was wrongfully terminated in retaliation for an investigation he conducted into embezzlement of public funds. Defendant City of Parlier argues that plaintiff failed to exhaust his administrative remedies prior to filing this action. Plaintiff argues that he is excused from exhau...

Excerpt: ...e the spreadsheet identified in its privilege log within 30 days of service of this order by the clerk. To impose a protective order limiting disclosure of the spreadsheet to only the attorneys for the parties, without further court order. To deny the request for monetary sanctions. Explanation: Compelled Disclosure of a Trade Secret “If he or his agent or employee claims the privilege, the owner of a trade secret has a privilege to refuse to d...

Excerpt: ...laintiff Marco Robles' responses have now been served and to award monetary sanctions in favor of defendant Shady Acres Dairy, LP against plaintiff in the amount $1,800 if a hearing is not required, or $2,000 if a hearing is required. Sanctions shall be payable within 30 days of service of this order by the clerk. Defendant is required to pay $180 for motion fees to the clerk (in addition to the $60 for motion fees already paid) for the correct t...

Excerpt: ...f service of this order. Explanation: First, to the extent that plaintiffs contend that defendants' motion is procedurally defective because defendants did not file a separate statement or meet and confer on all of the document requests before bringing their motion, the objection is without merit. A motion to compel compliance with a promise to produce documents does not require prior meet and confer efforts, nor does the moving party have to fil...

Excerpt: ... answer shall be set in boldface type. To grant the motion for leave to file cross‐ complaint. Defendant shall file and serve his Cross‐Complaintcomplaint within 2 days of service by the clerk of the minute order. Explanation: Motion for Leave to File Amended Answer The motion, though unopposed, was procedurally deficient in several respects. A motion to amend must comply with California Rules of Court, rule 3.1324. Under this rule, a motion ...

Excerpt: ...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.) Defendant contends that the alleged arbitration agreement in this case is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq. S...

Excerpt: ...onal limit for unlimited civil cases. (Code Civ. Proc. §§ 85; 403.040.) The hearing on the reclassification motion will be held on September 27, 2022, at 3:30 p.m. in Department 501. Both parties' briefs regarding the reclassification issue shall be filed and served by the close of business on September 20, 2022. Explanation: Plaintiff Viking Insurance Company of Wisconsin has moved for summary judgment on the ground that defendant has been dee...

Excerpt: ... well as the agreed upon lower administration costs. Explanation: A settlement of a class action requires court approval after a hearing. (Cal. Rules of Court, rule 3.769(a).) The approval of the settlement also requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769(d).) Certification of the Class: The court has already granted certification of the class. Fairness of the Settlement: Settlements preceding class ...

Excerpt: ...ses having been served, defendant moved for and obtained a deemed admissions order, which was entered on August 1, 2018 – four years ago. Defendant remained in pro per until November 27, 2018, when he retained the offices of Robert Cervantes to represent him in this matter. Defendant is now represented by Roger Bonakdar, who states that he first learned of the deemed admissions order apparently in June 2022. On June 23, 2022, defendant filed th...

Excerpt: ...n 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be rece...

Excerpt: ...tions in the second amended complaint are to be set in boldface type. Explanation: Code of Civil Procedure section 473, subdivision (b), provides that the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. It must be made within 6 months after the judgment, dismissal, order, or proceeding was taken. Relief may be based ...

Excerpt: ...ecl., filed July 27, 2022, Ex. 1, and Cervantes Decl., filed June 30, 2022, Ex. 4.) If defendant fails to timely sign the Quitclaim Deed, the court clerk is directed to sign the Quitclaim Deed as elisor. The Quitclaim Deed shall be attached to the revised proposed order as described below. Defendant is to pay $4,432.50 in attorney fees to Webb Law Group, APC within 30 days of the date of service of this order. Plaintiffs are to submit, within 10 ...

Excerpt: ...e 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. (9 U.S.C. § 2.) “In recognition of C...

Excerpt: ...urt shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true...

Excerpt: ...rreparable injury to another party; (3) The defendant's acts would render final judgment ineffectual; (4) Money damages would not afford adequate relief; or (5) The amount of money damages needed to afford adequate relief is extremely difficult to determine. (See Code Civ. Proc., § 526, subd. (a)(1)‐(5).) The trial court evaluates two interrelated factors when deciding whether to issue a preliminary injunction. The first is the likelihood that...

Excerpt: ...t on all parties. Intervenor is to file its Answer in Intervention within 10 days of the clerk's services of the minute order. To the extent intervenor is requesting that default not be entered against the nonanswering defendant, there is no such request currently before the court. The granting of this motion effectively prevents such a default. (See Western Heritage Ins. Co. v. Superior Court (2011) 199 Cal.App.4th 1196, 1211.) Explanation: Inte...

Excerpt: ... Amended Complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: First Cause of Action: The first cause of action attempts to state a claim for discrimination in violation of the Fair Employment and Housing Act (FEHA) based on plaintiff's age at the time of his termination. However, plaintiff does not allege any facts in the first cause of action to support his claim that he was termin...

Excerpt: ...eny the motion to bifurcate, without prejudice. Explanation: Motion to Strike Defendants seek to strike from the first amended complaint (“FAC”), a prayer for punitive damages. Defendants contend that the FAC fails to state sufficient facts to support the prayer for punitive damages as to each of them. Pleadings are to be construed liberally with a view to substantial justice between the parties. (Code Civ. Proc. § 452.) The allegations in t...

Excerpt: ...v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596; Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) California Rules of Court, rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located;...

Excerpt: ...e a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) To grant CHCC's motion to strike the portions of the First Amended Complaint (“FAC”) as it pertains to punitive damages and attorney's fees pursuant to Code of Civil Procedure, section 1021.4, specifically: (1) paragraphs 33, 41, 46, and 65; (2) page 10, lines 5‐7; (3) the prayer on page 17, lines 17‐18; and (4) the prayer on page 17, lines 19‐ 21, with leave to amend. Explan...

Excerpt: ...nt, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Defendant Fresno Unified School District (FUSD) brings this demurrer to the fourth, fifth, sixth and seventh causes of action pursuant to Code of Civil Procedure section 430.10 for failure to state a cause of action against FUSD. The causes of action at issue are intentional torts and include allegations that FUSD ...