Excerpt: ...he entity operating as Jack's Resort) and its members, officers, employees and agents. One of those defendants is Susan Lanier, a registered unlawful detainer assistant, who received rent payments on behalf of S.S.M.A. as its agent and had a lead role in trying to unlawfully evict the plaintiffs. (Complaint ¶¶ 7, 24.) Lanier also prepared and served the notices of evictions that the plaintiffs received. (Complaint ¶ 87.) On the notices Lanier ...

Excerpt: ...'s December 12, 2019 Minute Order adopting the tentative ruling stated: “Plaintiff's prior motion for pre‐appeal fees is hereby set for Tuesday, February 4, 2020 at 3:30 p.m. in Department 502.” The order did not authorize additional briefing. Accordingly, the court disregards all documents on the issue of pre‐appeal attorney's fees filed by the parties after December 12, 2019 and awards no fees for the preparation of those filings. CPRA ...

Excerpt: ...ion, as well as based upon the economic loss rule and the statute of limitations. Defendant also moves to strike punitive damages. For the reasons provided below, the court does not find defendant's arguments compelling. I. Demurrer based upon Code of Civil Procedure section 430.10, subdivision (e) a. Cause of action four: fraudulent inducement – concealment To state a claim for concealment, plaintiff must allege: (1) defendant concealed or sup...

Excerpt: ....) To deny the application of John C. Richter for admission to the bar of this court pro hac vice, without prejudice. (Cal. Rule of Court, rule 9.40, subd. (c).) To overrule the demurrer of defendant Independent Financing Services (“IFS”). (Code Civ. Proc. § 430.10, subd. (e).) To order defendant IFS to file and serve its answer to the first amended complaint within 10 days of the date of service of this order. Explanation: Complex Case Moti...

Excerpt: ...ll have ten (10) court days from the date of service of the minute order in which to file a Third Amended Complaint. All new or additional allegations are to be set forth in boldface typeset. Explanation: Demurrer Defendant demurs to the second cause of action in the Second Amended Complaint for intentional infliction of emotional distress allegedly suffered by Plaintiff Brandon Griffith. The Court sustained a demurrer to the same cause of action...

Excerpt: ...ree speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16, subd. (b)(1).) As used in the statutory scheme, “… act in furtherance of a person's right of petition or free speech...

Excerpt: ...ee of Plaintiff Hanford Community Hospital and was employed to perform laboratory testing. According to the papers, during the course of a deposition in an unrelated matter, Defendant admitted to taking patient records home, as well as e‐mailing PDF copies of patient records between 2015 and the present. He saved this information to his home computer and other devices. He also acknowledged that he did not have Plaintiff's permission or authoriz...

Excerpt: ...sed judgment consistent with this Court's ruling on the motion for summary judgment. Explanation: Seal The court has “broad authority to protect confidential commercial information[.]” (Fireman's Fund Ins. Co. v. Superior Court (1991) 233 Cal.App.3d 1138, 1141.) However, the court may order that a record be filed under seal only if it expressly finds facts that establish: (1) an overriding interest that overcomes the right of public access to...

Excerpt: ... 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 connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the tria...

Excerpt: ...al notice.” (Code Civ. Proc., § 430.30, subd. (a); see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation...

Excerpt: ...hrust of Kerwin Jackson and KJ Worldwide Investments, Inc.'s (collectively, agent defendants) demurrer to the second amended complaint is that plaintiff's claims arise out of representations and warranties made in a sales transaction. They argue that they did not sign any of the disclosure documents. Their names do not appear on any of the contracts or disclosure documents, and they were not sellers of the property. They did not make any represen...

Excerpt: ...of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiff Lisa Kauls, who is the mother of decedent Nicholas Kauls, has alleged a single cause of action for medical negligence based on “contacts and communications” by defendant Fresno Community Hospital's employees with plaintiff, which caused her emotional distress and suffering. (Attachment to Complaint MM‐1, ¶ 4.) She also alleges that defend...

Excerpt: ...d. (c).) A moving party defendant is entitled to summary judgment if it establishes a complete defense to the plaintiff's causes of action, or shows that one or more elements of each cause of action cannot be established. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) A moving defendant bears the initial burden of production to make a prima facie showing that no triable issue of material fact exists. Only when the initial burden ...

Excerpt: ...for Attorney Fees The allegations and prayers for attorney fees on the first four causes of action1 are clearly based only on the purchase agreement and thus only apply to defendant Owens, which plaintiff appears to acknowledge. Thus, the motion to strike as to these allegations/prayers is denied. On plaintiff's recent motion to amend, plaintiff moved to re‐add the prayer for attorney fees on the fifth and sixth causes of action, based on the �...

Excerpt: ...id acts of unlawful sexual conduct by Bispham. Johnson moves to quash the summons on the ground the court lacks personal jurisdiction over him because he lives in Washington State and no longer has continuing contacts with California. Where jurisdiction is challenged by a non‐resident defendant, the burden of proof is upon the plaintiff to demonstrate that “minimum contacts” exist between defendant and the forum state to justify imposition ...

Excerpt: ...his Court can exercise jurisdiction over defendant LG Chem, Ltd. The hearing will take place at 3:30 p.m. on Tuesday, May 5, 2020 in Department 502. Any supplemental briefing must be filed by Plaintiff no later than April 21, 2020. Any objections or reply must be filed no later than April 28, 2020. Explanation: Specially‐appearing defendant LG Chem, Ltd. (“LG Chem”) moves to quash the service of summons on it by Plaintiff Eric Fletcher, ind...

Excerpt: ... to what is intended regarding tolling on the form “Order on Request for Pretrial Discovery Conference” (Local Form TCV‐72 R10‐18). This form order was created in conjunction with Fresno County Superior Court Local Rule 2.1.17, which states: Filing a request for a Pretrial Discovery Conference tolls the time for filing a motion to compel discovery on the disputed issues for the number of days between the filing of the request and issuance...

Excerpt: ...sed judgment consistent with the court's order. Explanation: The court notes that all plaintiffs have dismissed the action against defendant David Hovannisian except plaintiff Juan Sagrero. The court therefore addresses the motion as it is directed to plaintiff Juan Sagrero only. Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty....

Excerpt: ...ll be in boldface type font. Explanation: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Third Cau...

Excerpt: ...mits an arbitration agreement, purportedly signed by plaintiff Carmon. The agreement is dated September 6, 2012, and is signed by plaintiff Carmon as decedent's “Legal Representative/Agent.” (Healy Dec., filed Nov. 18, 2019, at Ex. A.) Plaintiffs oppose on several bases. Notably, plaintiffs object to defendant's declaration in support of the petition. They argue that the arbitration agreement lacks foundation. Plaintiffs also argue that defen...

Excerpt: ... Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229.) Therefore, the statutory ground of this motion is that the court lacks jurisdiction over defendant. (Code Civ. Proc., § 418.10, subd. (a)(1).) Until proper service is made on a defendant, he is under no duty to respond in any way to a defectively served summons. This is so even if he has actual knowledge of the action. That knowledge does not dispense with statutory requirements for ...

Excerpt: ...17.1 as to RFA nos. 10 and 12‐15, and Request for Production of Document nos. 36‐39, produce all responsive documents, and supplement the privilege log. (Code Civ. Proc. §§ 2030.300(c); 2031.310(c); Code Civ. Proc. § 2033.290(c).) Explanation: Initially, the court notes that all requests for judicial notice are granted, with the exception of Infinity's Exhibit 1 (insurance policy), due to lack of authentication. Requests for Admission Infi...

Excerpt: ...e summons, the government would have a valid defense, preventing that interested party from further challenging the government's proposed action.” San Diego v. San Diegans for Open Government (2016) 3 Cal. App. 5th 568, 579. “The validating statutes should be construed so as to uphold their purpose, i.e., ‘the acting agency's need to settle promptly all questions about the validity of its action.” McLeod v. Vista USD (2008) 158 Cal. App. ...

Excerpt: ...orders the Clerk to strike the defaults entered against the Defendants on the grounds that the various discrepancies in the proofs of service render them defective. Each proof of service indicates that Defendants were served at a business located at 1236 W. Shaw Ave., Fresno CA 93711. However, the declarations of diligence (which is on a document entitled “Non Service Report”) for each defendant describes this as a residential address. Furthe...

Excerpt: ...n the FAC for failure to state facts sufficient to constitute a cause of action. HMA argues that plaintiff has not adequately alleged facts showing that plaintiff's failed transmission was a part that should have been covered under the Extended Emissions System Warranty mandated by California law, which requires parts for emissions systems in Partial Zero Emissions Vehicles (PZEV's) to be warranted for 15 years or 150,000 miles, whichever comes f...