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3278 Results

Location: Fresno x
2023.07.13 Special Motion to Strike Complaint 259
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.13
Excerpt: ...ts for judicial notice, subject to limitations as described in the explanation below. Explanation: Defendant City of Fresno moves to strike the entire complaint under Code of Civil Procedure section 425.16, contending that the complaint is a strategic lawsuit against public participation ("SLAPP suit"), and thus it is subject to being stricken unless plaintiff can show by admissible evidence that he has a probability of prevailing on the merits o...
2023.07.13 Motion to Compel Depositions 575
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.13
Excerpt: ...na Luna motion and as to the Rufino Hernandez motion. Explanation: "Any party may obtain discovery . by taking in California the oral depsition of any person, including any party to the action." (Code Civ. Proc., S 2025.010.) Proper service of a notice of deposition compels any deponent to attend, to testify, and to produce documents if requested. Civ. Prcyc., S 2025.280, subd. (a).) Where a party deponent fails to appear at a properly noticed de...
2023.07.13 Motion for Clarification and Reconsideration 933
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.13
Excerpt: ...s and their attorneys. Explanation: under Code of Civil Procedure section 1008, subdivision (a), a party moving for reconsideration of a court order must show that there are "new or different facts, circumstances, or law" that justify reconsideration of the order. (Code Civ. Proc. S 1008, subd. (a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were ma...
2023.07.13 Demurrer to FAC 431
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.13
Excerpt: ...order. All new allegations shall be in boldface. Explanation: Plaintiffs' third cause of action alleges that defendant AAA Tree Service, LLC made a fraudulent promise without the intent to perform it. "'Promissory fraud' is a subspecies of the action for fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that...
2023.07.13 Motion to Compel Further Responses, for Monetary Sanctions 944
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.13
Excerpt: ...e Whelan Decl.; Jenkins Decl.) While there has been much discussion between counsel, it is apparent that the parties had arrived at an impasse. The court finds that the parties have sufficiently engaged in the meet and confer process. Merits Request Numbers 40, 42, and 43—Waiver of Privilege The primary issue with these requests appears to be the existence of an "ADA List" which is referenced in defendant's produced documents, but was not itsel...
2023.07.11 Petition to Reduce Required Voting Percentage for Amendment of CC&Rs 105
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.11
Excerpt: ...claration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members having more than 50 percent of the votes in more than one class in a voting structure with more than one class, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing...
2023.07.11 Motion to Compel Further Responses 036
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.11
Excerpt: ... Jones ("Jones") argues that the defendant Daniel Ash ey's ("Ashley") present motion is untimely, the motion is timely. As Ashley states, the deposition occurred on August 2, 2022. Following meet-and-confer efforts, documents responsive to the disputed Deposition Request for Production No. 3 were produced on January 11, 2023. Pursuant to the parties' agreement, all compel deadlines were to be calculated from the January 11, 2023 production date. ...
2023.07.11 Motion for Terminating Sanctions 034
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.11
Excerpt: ...e extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anpne engaging in conduct that is a misuse of the discovery process: * * * (d) The court may impose a terminating sanction by one of the following orders order dismissing the action or any ...
2023.07.11 Motion for Leave to File Supplemental Complaint 612
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.11
Excerpt: ...ke a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer." (Code Civ. Proc., S 464, subd. (a).) "A 'supplemental' pleading is used to allege facts occurring after the original pleading was filed. In contrast, the additional allegations in an 'amended' pleading address matters that had occurred before the original pleading was filed." (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032...
2023.07.11 Motion for Attorney Fees 346
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.11
Excerpt: ...eritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., 5425.16, subd. (a); see Martinez v. Metabolife Intern. , Inc. (2003) 113 Cal.App.4th 181, 186.) plaintiffs/cross-defendants prevailed on their ant-SLAPP motion as to the second cause of action in defendant/cross-complainant's cross complaint. The prevailing defendant on a special motion to strike "shall be e...
2023.07.11 Demurrer to FAC, Motion to Strike 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.07.11
Excerpt: ...rrer to the fourth cause of action. To grant the motion to strike. To grant leave to amend. Should plaintiff desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: The demurring defendants challe...
2023.07.06 Motion for Approval of PAGA Settlement 366
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.06
Excerpt: ...ecton ["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 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 enforceme...
2023.07.06 Application for Writ of Possession 226
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.06
Excerpt: ...or a writ of possession by filing a written application for the writ with the court in which the action is brought." Under secton 512.010, subdivision (b), "The application shall be executed under oath and shall include all of the following: (1) A showing of the basis of the plaintiffs claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiffs claim is a written instrument, a copy of the instrum...
2023.07.06 Demurrer, for Monetary Sanctions 092
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.06
Excerpt: ...tiff Griselda Rodriguez's first and second causes of action for motor vehicle negligence, and to plaintiff Marcela Martinez's sole cause of action for loss of consortium, unless all other parties appear at the hearing and waive service of the moving papers. (Code Civ. Proc., SS 1005, subd. (b); 1014.) To deny plaintiffs Rodriguez and Martinez's request for monetary sanctions. (Code Civ. Proc., S 128.5.) Explanation: Notice Defects "[Alll moving a...
2023.07.06 Motion to Compel Further Responses, for Monetary Sanctions 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.06
Excerpt: ... 17, and 19, subject to the discussion below. The court will allow defendant to raise objections as to closed session meetings, deliberative process privilege, and attorney-client privilege where appropriate, subject to the discussion below. To deny as to Requests Numbers 6, 7, 8, and 9. Defendant, City of Parlier, shall serve verified supplemental responses within 20 days of the date of the service of this order. To find that plaintiff's motions...
2023.07.06 Motion for Stay of Action 721
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.07.06
Excerpt: ...Rules of Court, rule 3.515(a) to stay the matter pending resolution by the California Supreme Court of Everardo Rodriguez v. FCA US, LLC, Case No. S274625. Code of Civil Procedure secton 404.5 and California Rules of Court, rule 3.515 contemplate stays pending consideration for coordination of multiple actions. Plaintiff provides no evidence that he seeks to have the matter coordinated. Accordingly, a stay under Code of Civil Procedure section 40...
2023.07.06 Motion to Compel Arbitration 833
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.07.06
Excerpt: ...motion to compel arbitration, defendant Sunshine Raisin Corporation dba National Raisin Company (hereinafter "National") has moved to compel arbitration of the claims of plaintiff's complaint pursuant to an arbitration clause alleged to be in the "standard terms" preprinted on the back page of the seven Grower Contracts that are the subject of the plaintiffs' complaint and the Raisin Bargaining Association —Individual Agreement (RBA Agreements)...
2023.07.06 Motion to Compel Arbitration and Stay Action 335
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.07.06
Excerpt: ...ies concerning this vehicle under the Song-Beverly Consumer Warranty Act (Civ. Code, SS 1790, et seq.).l Defendant moves to compel plaintiffs to arbitrate these claims based on the Retail Installment Sales Contract ("RISC") they signed with Turlock CDJR when they purchased the subject vehicle. Applicable Law A trial court is required to grant a motion to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." ...
2023.06.29 Motion for Preliminary Approval of Class Action Settlement 864
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.29
Excerpt: ...ity 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 condition...
2023.06.29 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.29
Excerpt: ...h will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: Plaintiff, S.C., sued the County of Fresno (County), KTDA Group Home, Inc. (Facility), and Does 3 through 25, in a revival action under Code of Civil Procedure secton 340.1. (S.C. was under age 40 at the time he filed his complaint.) S.C. alleges he was sexually abused and assaulted in foster care when he was minor, while under the de...
2023.06.29 Demurrer to SAC 417
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.29
Excerpt: ...ithin 20 days of the clerk's service of this order. New or different allegations in a Third Amended Complaint are to be set in boldface type. To strike and overrule the demurrer by HSBC Bank, LISA and Mortgage Electronic Registration System. Explanation: Demurrer by Wells Fargo Bank, N.A. ("Wells Fargo") "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Tr...
2023.06.29 Motion for Preliminary Approval of Class Action Settlement 200
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.29
Excerpt: ...posed 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) ofa sufficiently numerous, ascertainable class, (2) of a well-defined community of interest, and (3) that certification will prov...
2023.06.29 Motion for Attorney Fees 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.29
Excerpt: ...rticipation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action or part of the action prior to the hearing, courts have uniformly held that the trial court retains jurisdiction to award attorney fees against the plaintiff. (Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107.) A number of courts have held that the determinative question as to whether fees should be awarded...
2023.06.29 Motion for Reconsideration 065
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.29
Excerpt: ...entered, however, the court may not reconsider it and loses its unrestricted power to change the judgment. It may correct judicial error only through certain limited procedures such as motions for new trial and motions to vacate the judgment.'" (Ramon v. Aerospace Corp. (1996) 50 Cal .App.4th 1233, 1236, quoting Passavant v. Williams (1990) 225 Cal.App.3d 1602, 1506.) Here, the court issued a tentative ruling granting defendant's motion to compel...
2023.06.29 Motion for Terminating Sanctions 370
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.29
Excerpt: ...tly and severally, in the amount of $660, payable to the Law Office of Amy R. Lovegren-Tipton, APLC within 30 days of the clerk's service of the minute order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court order to provide discovery." (Code Civ. Proc. S 2030.010, subds. (d) & (g).) Secton 2023...
2023.06.29 Motion to Strike, Compel Responses, for Monetary Sanctions 348
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.29
Excerpt: ...rm Interrogatories (Set One); and 5) Imposing Monetary Sanctions Jointly Against All Defendants Tentatve Ruling: To grant plaintiff Huey Hodges, Jr.'s motion to strike Defendant Disaster Relief International, Inc.-DRI, Inc. ("DRI") from the Answer filed October 14, 2022. To find the motion to compel defendant DRI's responses to form interrogatories moot in light of striking defendant DRI from the Answer. To grant plaintiff's motons to compel resp...
2023.06.29 Motion to Compel Further Responses, for Monetary Sanctions 388
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.29
Excerpt: ...impose monetary sanctions in the sum of $3,210, to be paid by GM to plaintiffs' counsel within 20 days of service of the order by the clerk. Explanation: Plaintiffs move to compel further responses to production demand nos. 16-31, 33, 37-41 and 45-46. In response to these demands, GM served objections and stated that no documents would be produced. After the parties entered into a protective order, GM proceeded to produce a number of documents, b...
2023.06.29 Motion to Compel Further Responses, for Monetary Sanctions 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.29
Excerpt: ...to raise objections as to closed session meetings, deliberative process privilege, and attorney-client privilege where appropriate, subject to the discussion below. To deny as to Requests Nos. 12, 15, 15, 18, 19, and 20. Defendant, City of Parlier, shall serve verified supplemental responses within 20 days of the date of the service of this order. To order monetary sanctions against defendant and its counsel in the amount of $4,887.50. Monetary s...
2023.06.29 Motion for Summary Judgment, Adjudication 860
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.29
Excerpt: ...thin five days of service of the minute order by the clerk. To deny leave to file a cross-complaint as moot. Explanation: Summary Judgment Plaintiff filed suit for two causes of action: premises liability, and general negligence .1 Defendant Chipotle Mexican Grill, Inc. ("CMG") moves for summary judgment on the basis that no triable issues of material fact exist as to CMG's knowledge of a dangerous condition, and in any event, any alleged dangero...
2023.06.28 Motion for Discovery of Financial Condition 175
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.28
Excerpt: ...tion by the plaintiff supported by appropriate affdavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to S...
2023.06.28 Demurrer, Motion for Sanctions 425
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.28
Excerpt: ...ns shall be in boldface type. To deny the motion for sanctions. Explanation: Demurrer The first cause of action is for breach of contract. "A cause of acton for breach of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach." (CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226...
2023.06.27 Motion for Attorney Fees 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.27
Excerpt: ...to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs." (Civ. Code, S 1717, subd. (a).) Also, under Code of Civil Procedure section 1033.5, subdivision (a)(10)(A), attorney's fees are recoverable as an item of costs when fees are authorized by contract. Here, de...
2023.06.27 Motion for Attorney Fees 287
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...ion under Code of Civil Procedure secton 1021 and Section XXV, subdivision (G) of the franchise agreements, dated December 3, 2010 and April 11, 2012, between the parties (the "Franchise Agreements"). "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 enti...
2023.06.27 Demurrer, Motion to Strike, for Leave to File Punitive Damages, for Sanctions Pleadings 731
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.27
Excerpt: ...pleading shall be filed within 30 days of the clerk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. To deny plaintiff's motion for leave to file punitive damages pleadings. To deny plaintiff's application for sanctions. Explanation: Demurrer/strike "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern C...
2023.06.27 Demurrer, Motion to Strike 588
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.27
Excerpt: ... amend. (Code Civ. Proc. S 430.10, subd. (e).) To overrule the demurrer on all other grounds. (Code Civ. Proc. S 430.10, subd. (e),(f).) Plaintiff shall file and serve an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. If oral argument is timely requested, such argument will be heard at 2:30 p.m. on June 28, 2023, in Department 501. Explanation: On August 22, 2022, plaintiff f...
2023.06.22 Motion for Summary Judgment, Adjudication 621
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.22
Excerpt: ...be (1990) 219 cal.App.3d 1527, 1529; Nicholson v. Barab (1991) 233 cal.App.3d 1671, 1681.) The reply brief makes clear that plaintiff seeks summary judgment based on the parties' oral agreement, only, and not based on that agreement plus the email he sent to defense counsel later in the day after the mediation. However, this only complicates the issue, since the complaint includes a PAGA claim, and plaintiff's counsel's email included a term allo...
2023.06.22 Application for Injunction or for Appointment of Receiver 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.22
Excerpt: ...son, the court considers the likelihood that the moving party will prevail on the merits at trial, and the interim harm that the moving party is likely to sustain the injunction were denied as compared to the harm that the opposing party is likely to suffer if the preliminary injunction were issued. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70.) In considering these factors, the court "balances the relative hardships." (Ibid.) The s...
2023.06.22 Demurrer to SAC, Motion for Relief from Sanctions 910
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...ute order by the clerk. To deny the motion for relief from sanctions. Explanation: Defendants Springs SPE, LP (erroneously sued as The Springs), and Apartment Management Consultants, LLC (collectively "defendants") generally demur to the eighth cause of action, for public nuisance, for failure to state facts to support the cause of action. The present demurrer is the third challenge to the same cause of action, based on the same deficiencies alle...
2023.06.22 Motion for Attorney Fees 402
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...lanation below), with the time to run from the clerk's service of the minute order adopting this Tentative Ruling. Explanation: In this partition action, an interlocutory judgment issued on December 22, 2020, which ordered the subject property to be sold by the appointed referee, with the proviso that $20,000 of the sale proceeds would be impounded to cover later costs of partition. A further order was entered on February 3, 2022, confirming the ...
2023.06.22 Motion to Compel Arbitration and Stay Pending Arbitration 490
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.22
Excerpt: ...ssues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to compel arbitration bears the burden of proving by a preponderance of the evidence the existence...
2023.06.22 Motion for Terminating Sanctions 491
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ...iv. Proc., S 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To strike the complaint and dismiss the action. To grant and to award monetary sanctions in the total amount of $735 against plaintiff David Herrera and his attorney of record, Justin B. Toobi, jointly and severally, payable within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. To grant and to award monetary sa...
2023.06.22 Motion to Compel Arbitration 216
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.22
Excerpt: ...red by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the moton exists (e.g., fraud, unconscionability, etc.) (Hotels Nevada v. LA. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.) Written Agreement Unless there is a dispute over authenticity, the mere recitation of the terms is suffcient for a party to move to compel arbitration. (Sprunk v. Prisma LLC (2017) 14 Cal.Ap...
2023.06.22 Motion to Compel Further Responses, for Monetary Sanctions 540
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.22
Excerpt: ...prior to the subject incident to the present. To deny both parties' requests for monetary sanctions against each other. Plaintiffs shall serve further responses within 10 days of the date of service of this order. Explanation: Request for Production number 18 requests "A true and complete copy of all WRITINGS related to disability benefits received by Mr. Shire, including, but not limited to, the applications for such benefits, medical reports, d...
2023.06.22 Motion to Compel Production of Client File 152
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.22
Excerpt: ... by Rules of Professional Conduct, Rule 1.16, subdivision (e). Mr. Hoppe attests to having provided the contents of the file as requested by his client with the exception of a February 14, 2023 email from Jeff Williams, in-house counsel for Zenith, and emails sent after his representation of TJ & Sons ended on March 1, 2023. (Hoppe Decl. "1 9-10.) The author of the emails, Mr. Williams, asserted the work product privilege regarding the February 1...
2023.06.22 Motions to Compel Further Responses, for Monetary Sanctions 844
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.22
Excerpt: ...fendants Folmer and Kearney: First, to the extent that plaintiff seeks to compel further responses from defendants Corrine Folmer and Kevin Kearney, plaintiff has not shown that she ever served these defendants with discovery requests or that they provided inadequate responses to the requests. Therefore, there is no basis for her to compel them to provide further responses to discovery, as they were apparently never served with any discovery requ...
2023.06.21 Motion to Compel Initial Discovery Responses, Deposition 405
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.21
Excerpt: ...es, Set One, and Request for Production of Documents, Set One. The truth of all matters specified in the Request for Admissions, Set One, are deemed admitted. (Code Civ. Proc., S 2033.280, subd. (bj.) To impose reasonable sanctions in the sum of $3,001.50 against JOM and in favor of plaintiffs Miguel Lopez and Maria Lopez, to be paid to plaintiffs' counsel within 30 days of service of the order by the clerk. To grant the motion to compel depositi...
2023.06.21 Motion for Reconsideration, to Compel Further Responses, for Monetary Sanctions 699
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.21
Excerpt: ...the order entered by the court on the request for pretrial discovery conference. To grant plaintiffs motions to compel defendant to provde further responses to the disputed form interrogatories, special interrogatories, and requests for production of documents. Defendant shall provide supplemental responses, without objections, within 10 days of the date of service of this order. To grant plaintiff's request for monetary sanctions against defenda...
2023.06.21 Demurrer, Motion to Strike 273
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.21
Excerpt: ...0 days' leave to file a second amended answer. The time in which the first amended answer can be amended will run from service by the clerk of the minute order. All new allegations in the second amended answer are to be set in boldface type. To deny the motion to strike affirmative defenses 1-7, 9-25, and 27-28, as moot in light of the ruling on the demurrer. To deny the motion to strike the request for attorney's fees due to a failure to provide...
2023.06.21 Demurrer 404
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.21
Excerpt: ...lease and breach of guarantee. The first cause for breach of lease is brought against Daphne's Restaurant-Fresno, lnc„ and the cause of achon for breach of guaranty is brought against defendants Mosa Gazali and Husein Alamoodi. "A cause of action for breach of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plai...
2023.06.16 Motion for Determination of Good Faith Settlement 487
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.16
Excerpt: ...g the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the settlor's financial condition and insurance policy limits, if any; and 6) eviden...
2023.06.15 Motion for Entry of Full Satisfaction of Judgment 179
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.15
Excerpt: ...creditor of a lesser sum in full satisfaction of the judgment." (Code Civ. Proc., S 724.010, subd. (a).) "For the purposes of subdivisions (b) and (c), the date a money judgment is satisfied in full or in part is the earliest of the following times: (2) The date satisfaction is tendered to the judgment creditor or deposited in court for the judgment creditor." (Code Civ. Proc., S 585.030, subd. (d)(2).) Upon satisfaction of the judgment, the judg...
2023.06.15 Motion for Determination of Good Faith Settlement 374
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.15
Excerpt: ...court intends to deny plaintiff's motion to the extent that plaintiff seeks a determination that the settlement does not affect its claims against the non-settl-ng defendants, as such a determination is beyond the scope of section 877.6. Also, the court intends to deny plaintiff's moton to the extent it seeks to declare the settlement null and void and vacate the judgment. Explanation: Under Code of Civil Procedure section 877.6, subdivision (a),...
2023.06.15 Motion for Entry of Default Judgment 085
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.15
Excerpt: ...uest for Court Judgment. (Cal. Rules of rule 3.1800(a); Holloway v. Quetel (2015) 242 cal.App.4th 1425, 1432.) This alone requires the denial of the application. The specific relief requested must be indicated on Form CIV- IW, and the relief must list the categories of damages. Second, the present application further fails to submit a declaration of nonmilitary status for each defendant against whom judgment is sought. (Cal. Rules of rule Federal...
2023.06.15 Motion to Set Aside Default 783
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.15
Excerpt: ... defend the action, the court is empowered to grant relief from a default. (Code Civ. Proc„ S 473.5.) Defendant Bhupinder Singh ("Defendant") argues that he was never served the summons in this case. Though the filing of a proof of service creates a rebuttable presumption that service was proper (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163), "a declaration of non-service if credited by the trial court can rebut the presumption of proper serv...
2023.06.15 Motion for Final Approval of Class Settlement 641
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.15
Excerpt: ...ancement payment to plaintff Eric Garcia is $5,000. A revised proposed order shall be submitted to this department within 5 days of the clerk's service ofthis order. To set a hearing at June 13, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than May 30, 2024....
2023.06.15 Motion to Amend Complaint 931
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.15
Excerpt: ...intiffs attach an email from Mr. Rosado wherein he asks counsel to use a new address. However, as the court instructed counsel in the Tentative Ruling issued on April 18, 2023, when service to Mr. Rosado is made by mail, plaintiffs must include service at his address of record, even if they also wish to serve him at a different address. It is the duty of the litigant (including a self-representing litigant) to serve all parties with a written not...
2023.06.15 Motion for Judgment on the Pleadings 374
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.15
Excerpt: ...for judgment on the pleadings is a nonstatutory but well-established procedure with the purpose and effect of a general demurrer. Because the motion is, in effect, a general demurrer, the same rules apply. Thus, to prevail on a motion for judgment on the pleadings, a defendant must show a complaint fails to state a cause of acton. (Sofas v. Bank of America (1985) 172 Cal.App.3d 583, 586, citations omitted.) "'A motion for judgment on the pleading...
2023.06.15 Motion for Leave to Amend Compalint 368
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.15
Excerpt: ...laremont Capital Partners, LLC dba Ocean Grown Extracts dba Evidence ("Claremont LLC"), and four new causes of action relating to these parties' interference with the business and contractual relations between plaintiff and defendant Latchkey Pioneers, LLC ("Pioneers"). Plaintiff has met the formalities required of a motion to amend the Complaint, and has given due notice to all appearing defendants. Motions for leave to amend pleadings are direc...
2023.06.14 Motion to Compel Arbitration, for Stay 946
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.14
Excerpt: ...sis of the instant complaint for damages. Plaintiff brought a single cause of action against defendant, for an express violation of warranties afforded through the Song-Beverly Act. Though the complaint characterizes the agreement as a lease, is undisputed that the agreement is a retail installment sales contract ("RISC") made between plaintiff and a non-party, Toyota of Clovis. Compel Arbitration A trial court is required to grant a motion to co...
2023.06.14 Motion for Summary Judgment, Adjudication 314
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.14
Excerpt: ...parties are ordered to appear so that the court may determine whether such an interested party exists and if so, set a new court trial date. Explanation: Burden on Summary Judgment As the party moving for summary judgment, plaintiff bears an overall burden of persuasion that there is no triable issue of material fact and that it is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Woodridge Es...
2023.06.14 Motion for Summary Judgment 966
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.14
Excerpt: ...e Judicial Council complaint form, but filed only the first three introductory pages and failed to attach the pages required to comprise the causes of action. Even so, plaintiff did check the box for "general negligence" at Item 10b (page 3), and also added the following at the "other" box at Item 10f: "Missing the Statue [Sicl of Limitations, Not Keeping Copies of Client File, Failure to Perform, Failure to Communicate, Improper Withdraw." Const...
2023.06.14 Motion to Compel Arbitration, Stay 436
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.14
Excerpt: ... vehicle ensued which form the basis of the complaint for damages. Plaintiff brought four causes of action against each of defendant Lithia NC, Inc., dba Lithia Nissan of Clovis ("Lithia"), and the moving defendant Nissan North America, Inc. ("Nissan"), for violations of the Song-Beverly Act regarding warranties. Compel Arbitration Nissan moves to com#l arbitration on an arbitration clause in a retail installment sales contract ("RISC") made betw...
2023.06.13 Demurrer, Motion to Strike FAC 098
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.13
Excerpt: ...tacking the same pleading, set to be heard over a month apart. In the interests of judicial economy, the court continued Dr. Montgomery's motions to be heard jointly with Dr. Smith's motion on June 13, 2023. Because plaintiff's counsel failed to cooperate with defendants' efforts to meet and confer in connection with their challenges to the original Complaint, on October 4, 2022, the court ordered: "In light of plaintiff's counsel's refusal to me...
2023.06.13 Demurrer to FAC 161
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.13
Excerpt: ...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 diffculty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint against ...
2023.06.13 Demurrer, Motion to Strike 588
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.13
Excerpt: ... amend. (Code Civ. Proc. S 430.10, subd. (e).) To overrule the demurrer on all other grounds. (Code Civ. Proc. S 430.10, subd. (e),(f).) Plaintiff shall file and serve an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: On August 22, 2022, plaintiff filed suit against defendants California Department of State Hospitals ("CDSH"), Robert Withrow, Brandon Price, Stanf...
2023.06.13 Motion for Leave to File Complaint 708
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.13
Excerpt: ...") for indemnity and declaratory relief, pursuant to Code of Civil Procedure section 426.50. Defendant contends that it seeks to state a claim against plaintiff for issues arising out of the same facts and incidents alleged by plaintiff in the first amended complaint. As defendant seeks to state a claim against plaintiff related to plaintiff's causes of action, the cross-complaint is compulsory. (Code Civ. Proc. S 426.30, subd. (a).) Where a prop...
2023.06.13 Motion for Preference in Trial Setting 248
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.13
Excerpt: ...ere preference is to be granted based on age, medical reasons, in the interests of justice, or based on time for trial. Here, plaintiff and cross-defendant are requesting preference based on the Code of Civil Procedure section 36, subdivision (a). Subdivision (a) provides: (a) A party to a civil acton 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:...
2023.06.13 Motion for Attorney Fees 807
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.13
Excerpt: ... only the evidence on reply may be filed by plaintiff no later than on Friday, June 16, 2023, at 5:00 p.m. A response to plaintiff's briefing may be filed by PVB no later than on Thursday, June 22, 2023, at 5:00 p.m. Explanation: A defendant who prevails on an ant-SLAPP (Strategic Litigation Against Public Participation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action o...
2023.06.08 Motion for Summary Judgment, Adjudication 273
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.08
Excerpt: ... minute order, a order consistent with the court's summary adjudication ruling. Explanation: Successive Motions for Summary Judgment/Adjudicabon "A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summ...
2023.06.08 Motion for Sanctions 978
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ... notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass orto cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, an...
2023.06.08 Motion for Determination of Good Faith Settlement 503
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.08
Excerpt: ... entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc., S 877.5, subd. (a)(l).) A determination that the settlement was made in good faith bars any other joint tortfeasor or co-obligor from further claims against the settling tortfeasor or...
2023.06.08 Demurrer 341
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.08
Excerpt: ...e the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle accident, contending that the First Amended Complaint ("FAC") fails to state cause of action, there is a nonjoinder or misjoinder of parties, the FAC is vague and ambiguous, and the cause of action is time-barr...
2023.06.08 Demurrer 260
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.08
Excerpt: ...murrer Generally 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....
2023.06.07 Motion for Final Approval of Class Settlement, for Attorney Fees 674
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.07
Excerpt: ...ward. Explanation: 1. Legal Standards "When, as here, a class settlement is negotiated prior to formal class certification, there is an increased risk that the named plaintiffs and class counsel 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) ...
2023.06.07 Demurrer 660
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.07
Excerpt: ...ls to state facts sufficient to constitute a cause of action[.l " (Dem., p. 2:15-17, citing Code Civ. Proc., 5430.10, subd. (e).) Any valid cause of action overcomes a general demurrer. (Quelimane Co., Inc. v. Stewart Title Guarantee Co. (1998) 19 Cal.426, 38-39.) The court must overrule a general demurrer if the complaint states a cause of action under any possible legal theory. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998.) ...
2023.06.07 Demurrer 922
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ... which the complaint may be amended will run from service of the order by the clerk. In light of plaintiff's counsel's refusal to meet and confer prior to the filing of the demurrer, the court will require plaintiff to initiate and conduct a telephonic or in-person conference of the parties prior to amending the complaint. (See Cade Civ. Proc., S 430.41, subd. (c).) Plaintiffs counsel shall file with the amended complaint a declaration describing...
2023.06.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 164
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.07
Excerpt: ... 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 acton is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested ...
2023.06.07 Motion to Withdraw Deemed Admitted, for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...noticed by Defendants County of Fresno and Fresno County Sheriff's Offce ("County Defendants") of plaintiff, Dale Blickenstaff, and/or other witnesses identified in those depositions. (Code Civ. Proc. S 2033.300, subd. (c).) To deny Defendants County of Fresno and Fresno County Sheriff's Office's motion for summary judgment. (Code. Civ. Proc. S 437c, subd. (p)(2).) Explanation: Plaintiff's Motion to Withdraw Admissions Deemed Admitted Plaintiff m...
2023.06.07 Motion for Summary Judgment 420
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.07
Excerpt: ...ssue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of achon „ cannot be established, or that there is a complete defense to the cause of action." (Code Civ. Proc. S 437c, subd. If ...
2023.06.06 Motions to Dismiss, Demurrer to FAC 998
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.06
Excerpt: ...o contnue the demurrer to June 28, 2023, at 3:30 p.m. in Department 501. The deadlines for opposition and reply papers will remain the same as for the original hearing date. Explanation: On 12/23/22, a motion to dismiss was filed by defendants Bank of America, N.A. (for itself and as successor by merger to BAC Home Loans Servicing, LP and Recontrust Company, N.A.), Mortgage Electronic Registration Systems, Inc., MERSCORP Holdings, lnc„ and The ...
2023.06.06 Motion to Discharge Stakeholder 818
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.06
Excerpt: ...y is certain, the motion may be renewed. To overrule the objections of Amazing Energy Partners, Inc. Explanation: Interpleader, Generally "When a person may be subject to conflicting claims for money or property, the person may bring an interpleader action to compel the claimants to litigate their claims among themselves." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) "An interpleader action is an equitable proceeding. [Citatio...
2023.06.06 Demurrer 593
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.06
Excerpt: ...anguage must be set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not organized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff concedes that the religious exemption in FEHA would normally apply to defendant, but that defendant's acts of displaying ant-discriminatory posters constitutes a waiver of the religious organization exemption and that de...
2023.06.01 Petition to Relieve Petitioner from Claim Filing Requirement 470
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.01
Excerpt: ...iego (2020) 59 Cal.App.5th 63, 72.) Government Code section 911.2, subdivision (a), provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity t...
2023.06.01 Motion to Quash Deposition Subpoena for Production of Business Records 953
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.01
Excerpt: ...5 and Exhibit A. To overrule plaintiffs remaining objections. To reserve the issue of sanctions. If oral argument is timely requested, the matter will be heard on Friday, June 2, 2023, 3:30 p.m. in Dept. 403. Explanation: Notice Counsel is required to provide notice to the opposing party when issuing a third party subpoena for business records. (See Code Civ. Proc„ S 2025.220, subd. (b); California Shellfish Inc. v. United Shellfish Company (19...
2023.06.01 Motion to Compel Responses 062
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.06.01
Excerpt: ...es, Set One, and Request for Production of Documents, Set One. Plaintiff Melinda Frias is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, 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 impose monetary sanctions in favor ...
2023.06.01 Motion for Sanctions 205
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.06.01
Excerpt: ...s "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c); 2031.300, subd. (c...
2023.06.01 Motion for Good Faith Settlement Determination 447
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.06.01
Excerpt: ...s may be determined by the court to be in "good faith." If the court does so, this bars any other joint tortfeasor from any further claims against the settling defendant for equitable comparative contribution, equitable indemnity or comparative fault. (Code Civ. Proc„ S 877.6, subd. Tech-Bilt v. Woodward-Clyde & Associates ("Tech-Bilt") provided the following non-exclusive list of factors for the court to consider in determining the "good faith...
2023.06.01 Demurrer 629
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.06.01
Excerpt: ...nse on or before June 20, 2023. The supplemental briefs shall not exceed five pages in length. Explanation: The County of Fresno demurs to the complaint on several grounds, including a contention that the complaint is uncertain as to plaintiffs identity. Plaintiff cites Starbucks Corp. v. Superior Court (21%8) 158 Cal.App.4th 1436 (Starbucks), wherein the court noted the " judicial use of I Doe plaintiffs' to protect legitimate privacy rights has...
2023.05.31 Demurrer to FACC 048
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.31
Excerpt: ...eighth, and ninth causes of action, with leave to amend. To sustain cross-defendant Guardian Angel's Adult Day Health Care, LLC's demurrer to the fourth and fifth causes of action, without leave to amend. To overrule on all other grounds. Cross-complainant shall serve and file her second amended cross-complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface Explanation: Cross Complaint Generall...
2023.05.31 Motion for Summary Judgment, Adjudication 157
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.31
Excerpt: ...over and CA Slover Trucking's motion for summary judgment. To grant defendants Slover and CA Slover Trucking, joined by defendants Freshko Produce Services, LLC and Barnes, motion for summary judgment of the Complaint. The prevailing parties are directed to submit to the court, within 5 days of service of the minute order, a proposed Judgment consistent with the court's summary judgment order. Explanation: Defendants Slover and CA Slover Trucking...
2023.05.31 Motion for Attorney Fees 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.31
Excerpt: ...are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs." (Civ. Code, S 1717, subd. (a).) Also, under Code of Civil Procedure section 1033.5, subdivision (a)(10)(A), attorney's...
2023.05.31 Motion for Leave to Amend SAC, for Interlocutory Judgment of Dismissal 941
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2023.05.31
Excerpt: ... motion for leave to amend. To deny the motion for interlocutory judgment of dismissal of the entirety of the first amended complaint. To deny the alternative relief sought for interlocutory judgment of dismissal of the seventh and eighth causes of action of the first amended complaint. Explanation: Plaintiffs Lennice Muhammad and Julia Dudley (collectively "plaintiffs") seek leave to file an amended complaint. Defendants Tylar Property Managemen...
2023.05.25 Motions to Compel Initial Responses, for Monetary Sanctions 024
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...dant Martin R'Nha to provide verified responses to form interrogatories, special interrogatories, and requests for production of documents. To order defendant to pay sanctions of $1,005. Defendant shall serve his verified responses without objections within 20 days of the date of service of this order. Defendant shall pay sanctions to plaintiff's counsel within 30 days of the date of service of this order. To grant the motion to compel defendants...
2023.05.25 Motion to Set Aside Default 386
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ..., subdivision (b). 1 On application, the court may, on any terms as may be just, relieve a party from a default taken against it due to mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., S 473, subd. (b).) This is defendant's second motion to set aside his default. Defendant's first motion was denied by the court, without prejudice, pursuant to the minute order adopting the Tentative Ruling on November 10, 2022 ("Prior Rulin...
2023.05.25 Motion to Grant Final Approval of Class Action Settlement, for Attorney Fees, to Award Enhancement 450
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ...he amount of $167,650.00. To grant administrator costs in an amount of $4,630.00. To grant plaintiff Jesse Cruz, class representative, an incentive award in the amount of $5,000.00. The court will sign the proposed judgment submitted. Notice of the judgment is to be given to class members by an insert with the checks distributed to them, which insert refers the class to the Court's Odyssey search link and gives the case number for this case. (Cal...
2023.05.25 Motion to Discharge Stakeholder, for Attorney Fees 512
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ...n equitable proceeding. (Southern California Gas Co. v. Flannery (2014) 232 Cal.App.4th 477, 485.) It provides a procedure where a person holding funds or property, to which conflicting claims are made by others, can force claimants to litigate their claims to the funds or property among themselves. (Code Civ. Proc., S 386; City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Once the person admits liability and deposits the funds with...
2023.05.25 Motion to Compel Arbitration and Dismiss Representative Claims 266
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ... his PAGA claim aga-nst defendants, and dismiss the representative portion of the PAGA claim. Explanation: A trial court is required to grant a motion to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 14...
2023.05.25 Motion for Summary Adjudication 993
Location: Fresno
Judge: Skiles, Jonathan
Hearing Date: 2023.05.25
Excerpt: ...ontract; (2) breach of implied covenant of faith and fair dealing; (3) interference with prospective economic advantage; (4) fraud; and (5) injunction. The court notes the unusual timing of the present motion, which the court finds materially affects the consideration of the moton. A party may move for summary judgment at any time after 60 days have elapsed since the general ap#arance in the action or proceeding of each party against whom the mot...
2023.05.25 Motion for Summary Adjudication 169
Location: Fresno
Judge: Kapetan, Kristi C
Hearing Date: 2023.05.25
Excerpt: ...reasonable ground for believing it to be true." (Civ. Code, S 1710, subd. (2).) "The Supreme Court has held: 'Negligent misrepresentation is a separate and distinct tort, a spec:ies of the tort of deceit. "Where the defendant makes false statements, honestly believing that they are true, but without reasonable ground for such belief, he may be liable for negligent misrepresentation, a form of deceit." The Court of Appeal has held: 'The elements o...
2023.05.25 Motion for Relief Under Code of Civil Procedure 068
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2023.05.25
Excerpt: ...rocedure section 473, subdivision (b). That statute provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise...

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