Excerpt: ...Sanctions: First, plainti
¯'s motion is defective, since plainti
¯ never Þled or served a notice of motion as required by California Rules of Court, rules 3.1110 and 3.1112. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.1110(a). The motion must also identify the party or parties bringing the motion; name the parties to wh...

Excerpt: ...l dollar amounts Þlled in (actual costs awarded as well as enhancement payments), within 5 days of the clerk's service of this order. To set a hearing on December 4, 2024 at 3:30 p.m. in Department 502 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A veriÞed report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than November 18, 2024. Explanation: “Before ...

Excerpt: ...�Defendant”) demurs to the Second Amended Complaint (“SAC”) on the grounds that the second cause of action, for breach arising from a special relationship that it fails to state su
¯icient facts to state a cause of action against Defendant, and that it is uncertain. On a demurrer a court's function is limited to testing the legal su
¯iciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of ...

Excerpt: ...ll run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: The function of a demurrer is to test the su
¯iciency of a plainti
¯'s pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plainti
¯ has succeeded in stating a cause of action; the court does not concern itself with the issue of plainti
¯'s p o ss i b l e d i
¯iculty...

Excerpt: ...ourt may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2031.060, subd. (b).) This motion is brought pursuant to Code of Civil Procedure section 2031.060. Accordingly, the Superior Court of Fresno County, Local Rules, rule 2.1.17 applies. The relevant provision of Local Rule 2.1.17 provides as follows “…no motion...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ...nitive damages, and the allegations at Item 14a “(2) punitive damages,” and “(2) in the amount of: $3,000,000.00.” (Code Civ. Proc., §§ 425.13, 425.10.) The striking of the punitive damages allegations is without prejudice to plainti
¯s Þling a motion under Code of Civil Procedure section 425.13, subdivision (a). Explanation: Plainti
¯s' Second, Third, and Fourth Amended Complaints Code of Civil Procedure section 472, subdivision (a)...

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: ...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: ... 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: ...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: ...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: .... 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 ...