Excerpt: ... order, limiting the scope of the subpoenas to the time period from January 1, 2008 to June 3, 2015. (Ibid.) To deny both parties' requests for monetary sanctions against the other. (Code Civ. Proc. § 1987.2.) Explanation: Code of Civil Procedure section 1987.1, subdivision (a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or ...

Excerpt: ...xplanation: 1. Preliminary Certification of the Class Before the court can grant preliminary approval of the class action settlement, it must grant preliminary certification of the proposed class. (Cal. Rules of Court, rule 3.769(d).) Before a court may approve the settlement, the settlement class must satisfy the normal prerequisites for a class action. (Amchem Prods., Inc. v. Windsor (1997) 521 US 591, 625‐27.) However, because a trial court ...

Excerpt: ...an (“the Srabians”) to issue acknowledgment of satisfaction of judgment, or, in the alternative, to have the clerk of the Court enter the same, on the ground that acknowledgments of full satisfaction of judgment have been entered, and the motion is therefore moot. To deny the request for attorney fees and costs pursuant to Code of Civil Procedure section 724.050. Explanation: On October 24, 2019, defendant and cross‐complainant Larry K. Bue...

Excerpt: ...compel further responses, without objection, to Form Interrogatory (“FI”) nos. 1.1, 15.1, 17.1. To deny as to FI no. 12.1. (Code Civ. Proc. § 2030.300(c).) To grant the motion to compel further responses, without objection, to Requests for Admission (“RFA”) nos. 17‐19, 21, 22. To deny as to RFA nos. 2, 20, 24, 27‐38. (Code Civ. Proc. § 2033.290(c).) To grant the motion to compel further responses, without objection, to Request for P...

Excerpt: ...“SVP”) housed as a civil detainee at the Department of State Hospitals Coalinga facility (“DSH – Coalinga”) wants to tithe 10 percent of his income to the Hospital Protestant Chapel by mailing to the chapel items deemed to be contraband by DSH – Coalinga regulations. According to the amended complaint, plaintiff's various efforts to do so have been rebuffed. He is now suing under 42 U.S.C. section 1983 (“section 1983”). The one de...

Excerpt: ...he amount of $6,000 individually for each class representative. To grant $60,000 in costs to the class administrator. The amount to be paid to class members is therefore $2,905,104.47. To set August 26, 2020 as the date for the parties to return to report on the payout of the settlement fund, and amendment of the judgment for any unpaid residue distribution, pursuant to Code of Civil Procedure section 384. Explanation: 1. Final Approval of Settle...

Excerpt: ...fin, M.D. is granted 10 days' leave to file his answer to the complaint, notwithstanding the fact that plaintiffs are given leave to amend the complaint as to other causes of action not stated against defendant Griffin. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Demurrer to 42nd Cause of Action for Intentional Infliction of Emotional Distress by Plaintiff Linda J. Anderson The el...

Excerpt: ...d amended complaint detailing the basis for the punitive damages. All new or amended allegations are to be set forth in boldface typeset. Explanation: A motion to strike can be used to: “(a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;]” or “(b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. ...

Excerpt: ... . a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address[.]” (Code Civ. Proc. §415.20(a).) “If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served . . . a summons may be served by leaving a copy of the summons and complaint at the person's ...

Excerpt: ... an undertaking in order to obtain the writ. (Code Civ. Proc. § 515.010, subd. (b).) Explanation: Under Code of Civil Procedure section 512.010, (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath and shall include all of ...

Excerpt: ...s order by the clerk. New allegations/language must be set in boldface type. Explanation: Plaintiff seeks leave to amend in order to substitute Kerwin Jackson (“Jackson”) and KJ Worldwide Investments, Inc. (“KJ Worldwide”) as Does 1 and 2, respectively, and to allege that, at all relevant times, they were agents or employees of defendants David Maclachlan and Nuestra Casa Real Estate (“Nuestra Casa”), and that either they or Maclachla...

Excerpt: ...nd Code of Civil Procedure section 575.2, which allow for sanctions for non‐compliance with the California Rules of Court and local rules. In this case, Plaintiff alleges that Defendant and her counsel are in violation of California Rules of Court, rule 3.894 and Fresno Superior Court Local Rule 2.4.1 and Civil Standing Order No. 07‐0628. Together, these rules require that all parties and attorneys of record must attend all mediation sessions...

Excerpt: ...'s motion to decertify and to grant plaintiffs' motion to certify with directions. To set February 19, 2020, at 3:30 p.m., as a case management and trialsetting conference in Department 503. Explanation: DECERTIFICATION MOTION 1. Introduction The Court of Appeal decision in this matter specifically called on this Court to address the manageability issue as the case progressed: It does not appear a manageability analysis was explicitly conducted i...

Excerpt: ...hnicon”) as to the entire complaint. (Code Civ. Proc. § 437c.) Technicon shall submit a proposed judgment consistent with this court's order within ten (10) days of the date of service of this order. Explanation: Technicon moves for summary judgment on the ground that all of the claims of plaintiff Hydroelectric Penetrations, L.P. (“HP”) against it are all barred by the settlement agreement and release executed between Technicon and Ernie ...

Excerpt: ... that she is entitled to have the default set aside because she was not properly served with the complaint and summons or that the default was entered less than 30 days after she was served, she has failed to meet her burden of showing that the complaint and summons were not properly served, or that she was served after the date indicated on the proof of service. “‘[C]ompliance with the statutory procedures for service of process is essential...

Excerpt: ...Plaintiff shall have ten (10) court days from the clerk's service of this order in which to file a second amended complaint. All new or amended allegations are to be set forth in boldface typeset. Explanation: Demurrer A general demurrer admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior C...

Excerpt: ...ff also prays for compensatory, general and punitive damages. Defendant's Demurrer Defendant demurs to both causes of action. Defendant moves pursuant to Code of Civil Procedure section 430.10, subdivision (e)—failure to state a cause of action. Defendant also demurs to plaintiff's request for punitive damages.2 5. First Cause of Action: Assault The essential elements of a cause of action for assault are: (1) defendant acted with intent to caus...

Excerpt: ...y judgment order. Explanation: As the moving party, a defendant bears the initial burden of proof to show that the plaintiff cannot establish one or more elements of the causes of action or to show that there is a complete defense. (Code Civ. Proc. § 437c(p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists—and th...

Excerpt: ...e 30‐day period permitted by law. (Code Civ. Proc. § 430.40, subd. (a).) However, “[a] motion for judgment on the pleadings is equivalent of a general demurrer but is made after the time for demurrer has expired. The rules governing demurrers apply.” (Evans v. California Trailer Court (1994) 28 Cal.App.4th 540, 548.) Code of Civil Procedure section 438, subdivision (c)(1)(B)(ii) permits a motion for judgment on the pleadings by a defendant...

Excerpt: ...cal Rules, rule 2.1.17.) Explanation: Motion to Set Aside Default The court may relieve a 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, etc. (Code Civ. Proc. §473(b).) Application for relief may be based on either (1) an attorney affidavit of fault, in which event re...

Excerpt: ...nsufficient to show a good faith attempt to confer with defendant regarding the motion. (Code Civ. Proc. § 439, subd. (a).) Plaintiff's counsel shall file a supplemental declaration regarding her meet and confer efforts by March 15, 2019. Explanation: “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subj...

Excerpt: ...ipt of the hearing), as defense counsel states they did. Further, the trial minute order from September 10, 2018, indicates it was “not reported,” so it does not appear it could have been put “on the record.” Thus, the court can only consider the terms of the written settlement agreement to determine if it is enforceable pursuant to Code of Civil Procedure section 664.6 (“section 664.6”). The written agreement was signed only by Mrs. ...

Excerpt: ...42,500, with the balance going to the nonappearing defendants. Any supplemental papers must be received by the Court no later than Friday, February 22, 2019. Explanation: The legislature requires the Court to approve any settlement of a complaint seeking civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). (See Labor Code §§2699, subd.(l); 2689, et seq.) However, neither the Legislature nor the California Lab...

Excerpt: ...ia Rule of Court 3.500(e). Moving party is also ordered to “take all appropriate action necessary to assure that the transfer takes place and that proceedings are initiated in” San Joaquin County Superior Court “to complete consolidation” with the case pending in that court, pursuant to California Rule of Court 3.500(f). The trial date of February 25, 2019, mandatory settlement conference date of January 30, 2019, and trial readiness hear...

Excerpt: ...on settlement, plaintiff also seeks class certification for the purposes of approving the settlement. Therefore, the court must first determine whether the class should be certified before deciding whether the settlement should be preliminarily approved. “Code of Civil Procedure section 382 authorizes class actions ‘when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impractic...