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Location: Fresno x
Judge: McGuire, Rosie x
2018.7.10 Motion for OSC Re Contempt 493
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.10
Excerpt: ...n indirect contempt proceeding, “an affidavit must be presented to the court stating the facts constituting the contempt, an order to show cause must be issued, and hearing on the facts must be held by the judge.” (Arthur v. Superior Court (1965) 62 Cal.2d 494, 407‐08.) The affidavit in support of the request for the OSC must cover each element of the commission of the contempt; it serves as the “complaint” in the indirect contempt proc...
2018.7.10 Motion for Compulsory Joinder 313
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.10
Excerpt: ...is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his abili...
2018.7.10 Demurrer, Motion to Strike 473
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.10
Excerpt: ...all cross‐defendants' demurrers to the third cause of action without leave to amend. To sustain all cross‐defendants' general demurrers to the second, fourth and seventh causes of action with leave to amend. To overrule the general demurrers to the fifth and six causes of action. To grant motion to strike as prayed for with leave to amend. An amended crosscomplaint shall be filed and served within 10 days of the clerk's service of this minute...
2018.7.10 Demurrer 399
Location: Fresno
Judge: McGuire, Rosie
Hearing Date: 2018.7.10
Excerpt: ...pose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc., §430.41, subd. (a).) A demurring party must file and serve with the demurrer a declaration stating the means by which it met and conferred with the party that filed the pleading subject to demurrer and that the parties did not reach an agreement resolving the objections raised in the demurrer or stating that t...

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