3320 Results
2020.01.29 Demurrer 707
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.29
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.29
Excerpt: ...ered to prepare a judgment within ten (10) court days of this order. Note‐ in the event that oral argument is requested, it will be heard at 3:30 p.m. on Thursday, March 19, 2020 in Department 502. Explanation: Petitioner filed his petition on June 2, 2014. Petitioner filed an amended Petition on April 26, 2019. The Amended Petition describes itself as an “Amended Petition for a Writ of Mandate to Discharge Civil Commitment Based on Lack of J...
2020.01.28 Motion to Compel Arbitration, Demurrer, Motion to Strike 687
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.28
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.28
Excerpt: ...failure to state facts sufficient to constitute a cause of action as to the individual plaintiffs. (Code Civ. Proc., § 430.10, subd. (e).) To sustain the demurrer to both the successor claim as well as the individual plaintiffs to the seventh cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To grant leave to amend. To deny the motion to strike and grant in part, as discussed below. (Code Civ. Proc., §§ 435, 436.) To grant leave to amen...
2020.01.28 Motion for Summary Judgment, Adjudication 256
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.28
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.28
Excerpt: ...court, within five days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: The operative pleading, the Second Amended Complaint (“SAC”) alleges five causes of action arising out of the foreclosure of a four‐unit residential property owned by plaintiff: 1. Violation of Homeowners Bill of Rights; 2. Breach of Contract; 3. Breach of covenant of good faith and fair dealing; 4. Ne...
2020.01.28 Demurrer, Motion to Strike 495
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.28
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.28
Excerpt: ...d serve its answer to the Second Amended Complaint within 10 days of the clerk's mailing of this minute order. Explanation: Demurrer: “ ‘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 p...
2020.01.23 Motion to Set Aside Dismissal 114
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.23
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.23
Excerpt: ...party from a judgment, order, or other proceeding taken against him or her as a result of mistake, inadvertence, surprise, or excusable neglect, where the application for relief is made within six months of entry of the judgment, order, or other proceeding. (Code Civ. Proc. §473(b).) Application for relief may be based on either (1) an attorney affidavit of fault, in which event relief is mandatory; or (2) declarations or other evidence showing ...
2020.01.23 Motion for Summary Judgment, Adjudication 518
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.23
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.23
Excerpt: ...ns are overruled. Explanation: Plaintiff's Evidentiary Objections The job description is not irrelevant, and Jessica Sims' personal knowledge sufficient to authenticate this document can be readily inferred from the fact that she serves as Supervisor of the “Manager, Cash Applications” position. As for the remaining objections, defendant has offered the objected‐to statements as to what other employees said about plaintiff for the nonhearsa...
2020.01.23 Motion for Summary Judgment 853
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.23
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.23
Excerpt: ...gainst defendant Union Pacific Railroad Company. The claim is brought pursuant to the Federal Employers Liability Act (“FELA”) 45 U.S.C. §51, et seq. Plaintiff is the widow of John R. Jane (“Decedent”) who was an employee of defendant from 1968 to 2010. Plaintiff alleges that Decedent was exposed to various toxic substances and carcinogens and that these exposures gave decedent various forms of cancer. In a single cause of action for neg...
2020.01.23 Motion for Summary Judgment 165
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.23
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.23
Excerpt: ...ible. (Shaw v. Regents of Univ. of California (1997) 58 Cal.App.4th 44, 52.) However, interpretation of a written document is a question of law for the trial court to determine, only where extrinsic evidence is unnecessary. (Temple v. Velcro USA, Inc. (1983) 148 Cal.App.3d 1090, 1095.) In other words, interpretation is appropriate where the language is clear, understandable and completely unambiguous. (Ibid.) “When the meaning of contractual la...
2020.01.23 Motion for Summary Judgment 026
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.23
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.23
Excerpt: ...nt of the entire complaint on the ground that there is no evidence that they acted in a grossly negligent manner or in bad faith. They point out that, under Health and Safety Code section 1799.106, “[A] firefighter, police officer or other law enforcement officer, EMT‐I, EMT‐II, EMT‐P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport shall only...
2020.01.23 Applications for Writ of Attachment, Writ of Possession 762
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.01.23
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.01.23
Excerpt: ...tiff shows (1) the basis of his claim and that the plaintiff is entitled to possession of the property claimed; (2) that the property is wrongfully detained by the defendant, the manner in which the defendant came into possession of the property, and (on information and belief) the reason for detention; (3) a particular description of the property and a statement of its value; and (4) the location of the property. (Code Civ. Proc., § 512.010.) 1...
2020.01.22 Demurrer 707
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.22
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.22
Excerpt: ...Tentative Ruling: To overrule the demurrer to the Second and Fourth Causes of Action. To sustain the demurrer to the Third Cause of Action without leave to amend. Unless Plaintiffs ask for oral argument and offer a specific factual basis for their inability to specify who spoke the allegedly fraudulent statement, to sustain the demurrer to the Fifth Cause of Action without leave to amend. Defendants shall have ten (10) court days in which to file...
2020.01.22 Demurrer to Petition for Writ of Mandamus 414
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.22
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.22
Excerpt: ...ng the present action, the court intends to abate it until the appeal in the first action has been finally resolved. (Karp v. Dunn (1964) 229 Cal.App.2d 192, 195.) Explanation: Respondents have demurred to the entire petition on the ground of failure to state facts sufficient to constitute a cause of action, contending that the present action is barred under the doctrine of res judicata, as well as being barred by statutory immunity for mental in...
2020.01.22 Motion for Class Certification and Preliminary Approval of Class Settlement 417
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.22
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.22
Excerpt: ... Private Attorney General Act (“PAGA”), pursuant to Code of Civil Procedure section 438(b)(2) and (b)(3)(B)(ii). A case management conference will occur at the same time. Explanation: 1. PAGA CLAIM AND SERVICE ISSUE “An employee plaintiff suing, as here, under [PAGA], does so as the proxy or agent of the state's labor law enforcement agencies.” Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal. App. 5th 667, 674. For that re...
2020.01.22 Demurrer, Motion to Strike 221
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.01.22
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.01.22
Excerpt: ...is minute order. Explanation: Demurrer “ ‘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.) Second Cause...
2020.01.22 Motion for Summary Judgment, Adjudication 050
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.22
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.22
Excerpt: ...SongBeverly – breach of express warranty; (2) violation of Song‐Beverly – breach of implied warranty; and (3) violation of Song‐ Beverly Section 1793.2. In response thereto, defendant General Motors LLC (hereafter “GM”) moves for summary judgement or adjudication. GM makes the same argument with regard to the complaint as a whole, as well as to each cause of action individually. GM argues that prior to litigation, it made a statutoril...
2020.01.22 Motion for Summary Judgment, Adjudication 324
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.22
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2020.01.22
Excerpt: ...ears 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 Escondido Property Owners Ass'n. v. Nielsen (2005) 130 Cal.App.4th 559, 578.) A plaintiff moving for summary judgment has met its burden of showing that there is no defense to a cause of action if it has proved each element of the cause...
2020.01.16 Motion to Strike SLAPP Suit 766
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Excerpt: ...extent the request is directed at the existence of the documents and not the truth of the factual findings contained therein. (Evid. Code § 452(d); Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120 [“Judicial notice is properly taken of the existence of a factual finding in another proceeding, but not of the truth of that finding.”].) Special Motion to Strike The Anti‐SLAPP Statute. “A SLAPP suit—a strategic lawsu...
2020.01.16 Motion to Quash Subpoenas 668
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.16
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.16
Excerpt: ...e; and Kaiser Permanente Hospital Fresno – films. To deny plaintiffs' motion to quash the subpoena directed at American Ambulance. To deny plaintiffs' request for a “first look.” To impose sanctions against defendants, in the amount of: $430. (Code Civ. Proc., §§ 2023.010, subds. (a) & (h), 2023.030, subd. (a).) Sanctions must be paid by defendants to the Law Office of Frank M. Nunes within 30 days after service of this order. Explanation...
2020.01.16 Motion for Summary Judgment, Adjudication 047
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.16
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.16
Excerpt: ... cause of action. (Code Civ. Proc. §437c(c).) To grant Defendant/Cross‐Complainant JMA's motion for summary adjudication as follows: Cross‐Defendant Alamillo Rebar, Inc., has an immediate duty to defend JMA in the instant matter; Alamillo's duty to defend arose on the date of tender; and JMA is entitled to reimbursement of costs and fees paid from the date of tender to present; and to deny as to Alamillo's duty to indemnify JMA. (Code Civ. P...
2020.01.16 Motion for Summary Adjudication 469
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Excerpt: ...de Civ. Proc. § 437c(f)(1).) To deny Mazda Motor Corporation' (“MC”) motion for summary adjudication of plaintiffs' claim for punitive damages. (Code Civ. Proc. § 437c(f)(1).) Explanation: In light of plaintiffs' statement of non‐opposition to MNAO's motion for summary adjudication, the motion will be granted for the reasons stated in the moving papers. MC moves for summary adjudication of plaintiffs' claim for punitive damages on two gro...
2020.01.16 Motion for Pre-Trial Discovery of Financial Condition 325
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.16
Excerpt: ...ive damages, plaintiffs can then discover their financial information. To that end, since trial is set for a date in the very near future, defendants are ordered to have this information efficiently organized and ready to produce at trial if necessary, so as to minimize any delay in the conduct of the trial. Explanation: Civil Code section 3295, subdivision (c) permits pretrial discovery of a defendants' financial information for purposes of obta...
2020.01.15 Motion to Compel Arbitration and Stay Proceedings 441
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.01.15
Location: Fresno
Judge: Gaab, Kimberly
Hearing Date: 2020.01.15
Excerpt: ...ration of issues pertinent to the resolution of a claim under PAGA, Labor Code section 2699 et seq., the contract violates the public policy of the State of California. (ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175; Iskanian v. CLS Trans. Los Angeles, LLC (2014) 59 Cal.4th 348.) Defendants recognize this legal principle in seeking arbitration of causes of action other than those brought as a PAGA claim. A stay of PAGA claims until an arbitrati...
2020.01.15 Motion for Reconsideration, for Judgment on the Pleadings 165
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.15
Location: Fresno
Judge: Hamilton, Jeff
Hearing Date: 2020.01.15
Excerpt: ...ruary 20, 2020, at 3:00 p.m. in Department 501. On or before this date, plaintiff FRI must file a Substitution of Attorney evidencing that it has hired counsel, and said attorney must also appear on its behalf at the status hearing. If there is no substitution of attorney or appearance at the hearing, the court will dismiss FRI's four causes of action raised in the FAC. Explanation: Motion for Reconsideration The motion for reconsideration must b...
2020.01.14 Motion to Quash Subpoena 089
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.14
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.14
Excerpt: ...23.010.) Explanation: Because plaintiff identified in her interrogatory response Barbara J. Morlan, M.D., as a health care physician who performed a consultation or examination of plaintiff related to “symptoms of sleeplessness,” SCCCD subpoenaed all of plaintiff's medical records from Dry Creek Medical Group, the practice group identified with the address provided for Dr. Morlan. Plaintiff moves to quash the subpoena. Prior to filing this mo...
2020.01.14 Motion to Quash Deposition Subpoena for Production of Business Records 357
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.14
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.14
Excerpt: ...dants' facility used an electronic call button in their rooms or apartments, and how long it took for defendants' staff to respond to such calls, for the period from January 1, 2016 to February 1, 2017. To deny defendants' motion for a protective order barring disclosure of the requested information outside the scope of the litigation. Explanation: Defendants move to quash the subpoena under Code of Civil Procedure section 1987.1, which states, I...