Excerpt: ... Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) 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 conditionally certified for settlement ...

Excerpt: ...., § 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To dismiss the action against defendant Falcon Private Security, Inc. (“Falcon Security”) only. Falcon Security shall submit a proposed judgment consistent with this court's order within 10 days of the date of service of this order by the clerk. To award monetary sanctions in the amount of $765 against plaintiffs and their attorney of record, Justin B. Toobi, jointly and se...

Excerpt: ... the second amended complaint within 20 days of service of the order by the clerk. Explanation: “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. ‘[W]e are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the ...

Excerpt: ...”) argues that plaintiff failed to comply with Fresno County Superior Court Local Rule, rule 2.1.17, by failing to first obtain the court's permission to file his motion. At issue, is whether the court's June 2, 2021 Order After Pretrial Discovery Conference granted such permission to plaintiff to file the instant motion to compel further responses to defendant's supplemental responses to the request for production of documents, set one. The re...

Excerpt: ...ency, California Department of Corrections and Rehabilitation, Brown, Schwarzenegger, Kernan, Beard, Cate, Hubbard, Hysen, Rothschild, Frauenheim, Trimble, Yates, Allen, Bonilla, Briggs, Lewis, Lozano, Martinez, Van Leer, and Uranday (“State defendants”) is sustained, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) The motion to strike is taken off calendar as moot in light of the ruling on the demurrer, and because the motio...

Excerpt: ... numerous healthcare providers, commencing with her having knee replacement surgery. From there, she suffered through various complications, many of which she alleges were either caused or worsened by the treatment she received from the various defendants. Plaintiff's husband, Lloyd Anderson, also sued for loss of consortium against each defendant, but he died on December 20, 2019. Dr. Griffin seeks summary judgment of Ms. Anderson's twenty‐six...

Excerpt: ...rder. Explanation: In her complaint, plaintiff alleges two causes of action (negligence and intentional tort) against defendant Kate Watts, an instructor employed by State Center Community College District (“SCCCD”). Paragraph 5 of the complaint is where plaintiff is to check boxes indicating whether she is required to comply with a claims statute, and either has complied or is excused from complying. Plaintiff checked no boxes, indicating sh...

Excerpt: ... (“RAA”) demur to the twelfth cause of action of the fourth amended complaint, filed on May 19, 2021. In this iteration of the complaint, plaintiffs added RAA to the Private Attorneys General Act (“PAGA”) cause of action for penalties under PAGA. Exhaustion of Administrative Remedies Defendants first contend that plaintiffs failed to exhaust administrative remedies as to RAA. Under PAGA, a plaintiff must comply with statutory prerequisite...

Excerpt: ...e plaintiff's complaint and dismiss the action against defendant Ittai Hernandez Rodriguez. To order plaintiff to pay additional monetary sanctions of $435 to plaintiff's counsel, Miller & Ayala, LLP, within 30 days of the date of service of this order. (Code Civ. Proc., § 2023.010.) Defendant shall submit a proposed judgment consistent with the court's order within 10 days. Explanation: Code of Civil Procedure section 2023.010, subdivision (g) ...

Excerpt: ...has emphasized, “any SLAPP [(strategic lawsuit against public participation)] defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) Attorney's Fees While plaintiff has not filled an opposition to challenge the amount of fees to be awarded, the court may only award a reasonable fee. (Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 362.) Accordingly, the co...

Excerpt: ...liction of emotional distress for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) To grant leave to amend as to the fourth cause of action. To deny both defendants' motions to strike the prayers for punitive damages, predeath pain and suffering damages, and attorney's fees from the first amended complaint. To grant the motions to strike with regard to the prayer for treble damages under ...

Excerpt: ...County Economic Opportunities Commission (collectively “defendants”) demur on the ground that the complaint fails to allege facts sufficient to state causes of action against them and based on the applicable for statutes of limitations. Defendants specifically challenge the fourth, sixth, seventh, and eighth causes of action, for, respectively, intentional infliction of emotional distress, defamation, intentional interference with prospective...

Excerpt: ...ve Ruling: To deny the motion to dismiss and the motion to strike. To overrule the general demurrer on the ground of failure to state compliance with the Government Claims Act as to plaintiff Marissa Mercado, as successor‐in‐interest to the Estate of Maria Cumplido, and sustain as to plaintiff Marissa Mercado, an individual, and plaintiff Vanessa Mercado, with leave to amend. To overrule the general demurrer to the ninth cause of action on th...

Excerpt: ...in 10 days of service of the order by the clerk. To overrule the general demurrer to the second cause of action. (Code Civ. Proc., § 430.10, subd. (e).) To grant judicial notice of items nos. 1 and 2 of defendant's request, but to deny item nos. 3 and 4. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties....

Excerpt: ...tion: Meet and Confer The parties have not met and conferred as required by Code of Civil Procedure section 430.41, subdivision (a) and section 435.5, subdivision (a). Defense counsel's declaration filed April 26, 2022, and again on May 2, 2022, advises of two phone calls to plaintiffs' counsel's office on April 22, 2022, which were answered with a recording indicating no voicemail was set up and ending the call. There was no effort to contact pl...

Excerpt: ...eviating [the defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California Constitutions, a person has the right to refuse to answer potentially incriminating questions put to him or her in any proceeding. (U.S. Const., 5th Amend.; Cal. Const., art. 1, § 15; see Evid. Code, § 940.) The privilege against sel...

Excerpt: ... on or before May 19, 2022. Explanation: This is a personal injury action arising out of an automobile accident allegedly caused by James Hinson, a Department of Transportation employee. The complaint alleges a single cause of action for motor vehicle negligence. The Judicial Council form complaint checks boxes indicating that plaintiff is required to comply with a claims statute and has complied. (Complaint ¶ 9(a).) Defendants move for summary ...

Excerpt: ...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. 1. Class Certification Where certification of a class is sought in conjunction with settlement, the motion is treated the same as if it were a motion solely for certification but for one factor – the proponent need not prove the case is manageable for t...

Excerpt: ...grant the motion to strike in its entirety, without leave to amend. (Code Civ. Proc., § 436.) Explanation: Demurrer to First Cause of Action: Defendants demur to the first cause of action for breach of written contract, contending that plaintiff has not alleged a valid claim because the written contract only provides that plaintiff has a right of first refusal if defendant Don Milligan either decides to transfer the business to a third party, di...

Excerpt: ...d Statewide General Election ballot that proposed to authorize the City of Fresno (“City”) to collect a 3/8 percent sales and use tax. The initiative received 52.17 percent affirmative votes and was declared failed on December 12, 2018 by the Fresno City Council, which believed that two‐thirds voter approval was required. Fresno Building Healthy Communities (“FBHC”) protested that decision, contending that only a simple majority was nee...

Excerpt: ...Cal. 2014) 63 F.Supp.3d 1171, cited for the first time by plaintiffs during oral argument on the motion and relied on by the court in its April 4, 2022 order denying the motion with respect to the trespass to chattels/conversion claims. The parties are to appear at the hearing on April 26, 2022, at 3:30 p.m. in Department 503, to discuss the briefing schedule and new trial date. To deny the request to stay the trial. Explanation: Motion for Recon...

Excerpt: ...issues set forth below. All briefing must be filed on or before May 14, 2022. To vacate the existing trial date, trial readiness date, and mandatory settlement conference and schedule a trial setting conference on May 26, 2022, at 3:30 p.m., in Department 503. Explanation: Reconsideration of Court's December 9, 2021 December 21, 2021 Orders Deeming Requests to Admit Truth of Facts against Plaintiffs, Granting Defendant's Motions to Compel Plainti...

Excerpt: ...��) (collectively, “crosscomplainants”) an immediate duty to defend against plaintiff Gene Miller's (“plaintiff”) claims pursuant to the contractual language. To grant, in part, summary adjudication of Issue 3: Parsons and FMC's November 18, 2019 tender letter triggered Securitas' duty to immediately defend and indemnify Parsons and FMC against plaintiff's complaint. To deny summary adjudication of Issue 2: Securitas must indemnify Parson...

Excerpt: ...ervice of summons did not result in actual notice; and (3) The judgment is void due to plaintiff and plaintiff's counsel's conspiracy to commit fraud and because the court lacks jurisdiction to enter a judgment on a defendant based on a frivolous complaint. Relief Pursuant to Code of Civil Procedure section 473, subdivision (b) The trial court has broad discretion to vacate a judgment and/or the clerk's entry of a default that preceded it. Howeve...

Excerpt: ...on plaintiff's complaint in favor of defendant James Britton (“Britton”). Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or no...