Excerpt: ...7) 66 Cal.2d 738, 746.) An order staying an action until determination of criminal charges allows plainti
¯ to prepare his or her action “while alleviating [defendant's] di
¯icult choice between defending either the civil or criminal case.” (See Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) The requesting party is generally entitled to a stay in the civil action until disposition of the criminal matter. (See id.) Here, def...

Excerpt: ...t Gerald Johnson, Sr. (“decedent”) by o
¯icers of the Fresno Police Department. Defendants identiÞed Þve issues in their Notice of Motion as the basis for their motion, as follows: 1. Defendants are entitled to judgment on plainti
¯s' Þrst cause of action for battery because defendants Padilla, Bell, and Palomino's use of force (deadly Þrearm force) was objectively reasonable as a matter of law under the totality of the circumstances. 2...

Excerpt: ... that plainti
¯ failed to allege the existence of a duty. The basis of plainti
¯'s negligence cause of action, as she alleges in the SAC, is as follows: On December 3, 2018, an intoxicated driver (Baeza), insured by FSIC, caused an accident by hitting a third-party (Garza). Garza called FSIC to verify Baeza's insurance and asked if she should call the police. The FSIC representative told Garza she did not need to call the police and that they (...

Excerpt: ...cument included in plainti
¯s' request for judicial notice. (Evid. Code, § 452, subd. (d).) To grant plainti
¯s' motion for summary judgment against Agricultural Contracting Services Association. Inc., dba American Labor Alliance Workers' Compensation Fund & Trust, dba CompOne USA (“ALA”), and to deny the motion against Omega Community Labor Union, dba Compass Pilot Trust (“Omega”). (Code Civ. Proc., § 437c, subds. (c) and (p)(1).) Pl...

Excerpt: ...resolved in their favor. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 850 [“First, and generally, from commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.”].) Accordingly, a plainti
¯ moving for summary adjudication on an a
¯irmative...

Excerpt: ...efendants from forcing park residents who resided at the park prior to October 10, 2022, to re-apply for tenancy, and closing the park until the City approves the closure and relocation plan under Government Code section 65863.7. To waive the requirement that plainti
¯s post an undertaking to obtain the injunction. Explanation: “This court has traditionally held that trial courts should evaluate two interrelated factors when deciding whether o...

Excerpt: ...in his Þrst amended complaint (the "FAC") that he purchased a 2021 Chevrolet Silverado (the "Vehicle") in November 2021. The plainti
¯ alleges the defendant, General Motors LLC, ("GM") had exclusive knowledge that the Vehicle had a "Transmission Defect," based on multiple sources of information, including internal reports, customer complaints made directly to GM, and technical service bulletins. This information was not available to the public,...

Excerpt: ...l Arbitration Act, and request to dismiss, or alternatively, stay the action pending 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 ...

Excerpt: ...to the present. To deny plainti
¯'s r e q u e s t f o r m o n e t a r y sanctions against defendants. Explanation: Defendants move to quash plainti
¯'s business records subpoena under Code of Civil Procedure sections 1985.3 and 1987.1, contending that the subpoena is overbroad, burdensome, harassing, seeks conÞdential and private information, and seeks information that is not relevant or likely to lead to the discovery of admissible evidence. ...

Excerpt: ..., Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Tentative Ruling: To grant all motions as to plainti
¯ Barandalla. Within 20 days of service of the order by the clerk, plainti
¯ Barandalla shall serve objection-free responses to the items speciÞed in the document Þled by defendant...

Excerpt: ...onses, without objections, to the Þrst set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant R&S in the amount of $890. To deny the request for sanctions against defendant's attorney. Defendant shall pay sanctions within 30 days of the date of service of this ...

Excerpt: ...this motion within 10 days of the clerk's service of the minute order. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justiÞed: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action o...

Excerpt: ...damages, with leave to amend. Plainti
¯s may Þle and serve a Second 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 fourth cause of action for fraudulent concealment set forth in the First Amended Complaint (“FAC”). On a demurrer a court's function is limited to testing the legal su
¯ici...

Excerpt: ...eave to Þle the Fourth Amended Cross-Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Cross- Defendant SpotOn Transact, LLC (“SpotOn”) demurs to the third and fourth causes of action in cross complainants' third amended cross-complaint (TACC) on the basis that each fails to state facts su
¯icient to state a cause of action. (Code Civ. Proc. §430.10,...

Excerpt: ... action has no merit if the party has shown that one or more elements of the cause of action … cannot be established, or that there is a complete defense to the cause of action.” (Code Civ. Proc. § 437c, subd. (p)(2).) If the defendant does not meet that burden, the motion must be denied, even if the plainti
¯ has not opposed it adequately or at all. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 742743.) Once the moving defendant has met it...

Excerpt: ...rt also intends to grant the motion to strike plainti
¯s' sixth cause of action, paragraph 205, lines 21 thru 24, which alleges that “Defendants further interfered with Plainti
¯'s m e m b e r s ' contracts by unlawfully and non-consensually terminating the tenancies of all Plainti
¯'s members, including Kim Sands, by serving them with a ‘Five Day Notice to Vacate' on or around April 12, 2023, and by Þling unlawful detainers against sever...

Excerpt: ...air Employment and Housing Act provisions relied upon by plainti
¯. To sustain defendant's objections as to the declaration of Shaun Austin. To sustain defendant's objections, except objection #2, to the declaration of Morgan Ruiz. Explanation: This case arises out of an alleged wrongful termination of plainti
¯ after he su
¯ered a brain aneurism requiring emergency surgery and extensive post-surgical rehabilitation. When plainti
¯ contacted ...

Excerpt: .... Proc., S 436, subd. (b); Code Civ. Proc., S 1021.) Explanation: Untimely Amendment Plaintiff and Cross-Defendant Guardian Angel's Adult Day Health Care, LLC ("Guardian Angel") moves to strike the entirety of Defendant and Cross-complainant's Second Amended Complaint, filed on June 21, 2023, on the ground of untimeliness, or in the alternative, to strike the request for attorneys' fees. When the court sustains a demurrer with leave to amend, ord...

Excerpt: .... Davis as Trustee of the Brent A. Davis 2012 Revocable Trust, Davis & Davis Distributors, Davis Equipment, Inc., Davis & Davis Distributors No. 2, Inc. and VRAD Products, Inc.'s motion for summary judgment of the Third Amended Complaint against them. Defendants shall submit a Judgment consistent with the terms of this ruling within 10 days of service of the order. Explanation: Summary judgment is properly granted when no triable issue exists as ...

Excerpt: ...juries suffered when plaintiff Roland Diaz was attacked in his office at Fresno City Hall Annex by Joseph Roy. Plaintiffs contend that locks and doors within the building did not operate as expected, due to the negligence of defendants, such that Mr. Roy was able to enter plaintiff's office and injure Mr. Diaz. However, the evidence shows that Sierra Lock did not install, service and/or repair any lock involved in the subject incident. (UMF 1-7.)...

Excerpt: ...hired the plaintiff, Mr. Lopez, an experienced licensed roofing contractor, to work on their roof. (Fact Nos. 2, 6; Plaintiffs Fact ["P-Fact"l Nos. 1, 2.) Mr. Lopez brought his own ladder and tools to the premises to perform work on the roof. (Fact No. 7.) Mr. Lopez's typical practice is to place his ladder and test it to make sure it is steady and secure before using it to avoid falls. (Fact No. 8.) Mr. Lopez placed his ladder at the back of the...

Excerpt: ...vere water damage which decedent's house sustained after an integrated water supply part located within an upstairs bathroom faucet failed and caused the home to flood. Unfortunately, decedent had suffered a stroke and was not living in her home at the time in question. Decedent stated that she learned of the claim when the water utility contacted her to advise that her water had been shut off following an unusually large spike in water usage. De...

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

Excerpt: ...r Family Trust of 2004, ("Plaintiff") seeks an award of attorney fees pursuant to Civil Code section 1717 following judgment after trial, which 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. Plaintiff now seeks a fee award of $407,553.60. Statutory Grounds unde...

Excerpt: ... leave to file a Petition for Relief to File Late Claim pursuant to Government Code section 946.6. The Petition shall be filed in Fresno Superior Court Case Number 23CECG02328. 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 ...

Excerpt: ... order. Explanation: As the moving party, defendant bears the initial burden of proof to show that plaintiffs cannot establish one or more elements of the at-issue cause of action or to show that there is a complete defense. (Code Civ. Proc. CCP S 437c, subd. (p)(2).) 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 exists — ...

Excerpt: ...vil Procedure section 430.41and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the demurrer and motion to strike. If the parties cannot agree on the purported deficiencies in the first amended complaint, defendant may calendar another hearing date for the demurrer and must comply with Code of Civil Procedure section 430.41 and 435.5 in doing so. If the parties need more time to meet and confer, they may subm...

Excerpt: ... to as the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees. (Trope v. Katz (1995) 11 Cal.4th 274, 278.) Code of Civil Procedure section 1021 provides: "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are e...

Excerpt: ...nses, without objections, to the first set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant Stine in the amount of $890. To deny the request for sanctions against defendant's attorney. Explanation: Plaintiffs have shown that they are entitled to orders compell...

Excerpt: ...ng findings: (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. (Code 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 motio...

Excerpt: ... pursuant to the rules and exceptions for psychotherapist-patent communications. (Evid. Code, S 1010 et seq.) Evidence Code section 1012 protects communications between a psychotherapist and a patient, including communications during the scope of treatment and diagnoses made by the therapist. A psychotherapist shall claim the privilege whenever disclosure of such communications is sought. (Evid. Code, S 1015.) The holder of such privilege is the ...

Excerpt: ...) Explanation: "California law like federal law, favors enforcement of valid arbitration 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.) In addition, arbitration is a " 'matter of consent, not coercion,'" an...

Excerpt: ...gant. To order plaintiff to obtain permission from the presiding judge of the court before filing any new actons in pro per. Explanation: Demurrer: Defendant demurs to the entire complaint on the grounds that of "failure to include any causes of action" and "unintelligibility." However, "failure to include any causes of action" and "unintelligibility" are not statutory grounds for a demurrer. It appears that defendant is arguing that the complain...

Excerpt: ... proposed judgment dismissing the achon. The trial date set for August 19, 2024, is vacated, as are the related dates for Mandatory Settlement Conference and Trial Readiness. If a timely request for oral argument is made, such argument will be entertained on Wednesday, January 24, 2024, at 3:30 p.m. Explanation: Once a moton to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more...

Excerpt: ... 3 Cal. 5th 531, 549, citing Labor Code section 2599(1)(2) ["The 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 time 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 vio...

Excerpt: ...ility issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) 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 conditi...

Excerpt: ...ettlement. Explanation: A prevailing buyer in an action under the Song—Beverly Act "shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connecton with the commencement and prosecution of such action." (Civ. Code, S 1794, subd. (d).) The statute "...

Excerpt: ...ction brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. Oskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative act...

Excerpt: ...subd. (e).) Moving parties shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to them. Explanation: Plaintiff alleges that she was discriminated against based on her race in her employment with Omni Family Health Organization. She sues Omni and three Omni employees (Joseph Hayes, Aurora Cooper and Gloria Pacleb) for (1) hostile work environment racial harassment; failure to p...

Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 16, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class 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 co...

Excerpt: ...ich notably contains a single titled cause of action for common count — money had and received) fails to state suffcient facts to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10 and is otherwise uncertain, based upon subdivision (f) of Code of Civil Procedure section 431.10. Defense counsel met and conferred with plaintiff in Spanish by telephone before filing the demurrer, per the declaration ...

Excerpt: ...lacks jurisdiction, the claims are barred by the doctrine of res judicata, and defendant's promise was an unenforceable gift. Cause of Action Improperly Labelled To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action or that "he is entitled to some relief." (Amid v. Hawthorne Community Medical Group, Inc. (1989) 212 Cal.App.3d 1383, 1386-1387.) Additionally, the court "treat[sl the demurrer as admitting ...

Excerpt: ...civil achon brought under the Fair Employment and Housing Act, Government Code section 12900 et seq., may be awarded reasonable attorney's fees and costs in the court's discretion. (Govt. Code 512965, subd. (c)(6).) The parties reached a settlement upon plaintiff's acceptance of defendants' Code of Civil Procedure section 998 Offer to Compromise, the terms of which included reasonable attorney's fees and costs awarded by the court. In her motion ...

Excerpt: ...ibed." (Kacha v. Allstate Ins. Co. (2006) 140 Cal.App.4th 1023, 1031.) It is not the court's role to review the merits of the controversy or to determine whether the evidence is sufficient to support the appraisal award. (Ibid.) The petition identifies the California Arbitration Act, (Code Civ. Proc. S 1280, et seq.) as providing authority for the court to compel California FAIR Plan Association to participate in the Insurance Code 52071 appraisa...

Excerpt: ...court issued an order granting Defendant's motion and stayed all proceedings pending final disposition of the United States District Court, Eastern District of California, Case No. 1:22-cv-00729. Plaintiff now seeks reconsideration of that order of stay. Motions for reconsideration fall under the purview of Code of Civil Procedure section 1008, which states in pertinent part: When an application for an order has been made to a judge, or to a cour...

Excerpt: ...proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc„ S 437c, subd. (p)(2).) 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 exists — and this must be shown via specific facts and not mere allegations. (ld.) "California cou...

Excerpt: ... to Enforce Settlement Agreement "Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.„." (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182, internal citations omitted); see also Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1353-1355 [assent can be established where the parties were present but did not object to settlement termsl.) Furth...

Excerpt: ...cted to submit a proposed judgment. Explanation: Tax Costs On August 29, 2023, judgment was entered in the consolidated matter in favor of defendant Haight Brown & Bonesteel, LLP ("Defendant") and against plaintiff Hallmark Specialty Insurance Company ("Hallmark") following the granting of a motion for nonsuit. Defendant filed a memorandum of costs for $122,662.55. Hallmark seeks to tax those costs. Specifically, Hallmark objects to certain entri...

Excerpt: ...by their first names, not out of disrespect, but for ease of reference.) Robert Kloppenburg (the decedent) passed away in November 2022. Brent is the trustee of his fathers (the decedent's) trust and Paz is the decedent's widow. Brent has known Paz for over 30 years. The plaintiff owns a home (the residence) in Fresno. Upon the decedent's death, the terms of the trust grant Paz the right to occupy the residence, provided she keeps the residence i...

Excerpt: ...ng with his evidence. The evidence and new memorandum must be filed on or before 5:00 p.m. on February 20, 2024. Plaintiff may file a new reply on or before 5:00 p.m. on Thursday, February 29, 2024. Explanation: Defendant opposes the moton by arguing that plaintiff has failed to meet the requirements to allow her to bring a renewed motion under Code of Civil Procedure section 1008, subdivision (b). However, the court does not actually regard this...