Excerpt: ...tentative ruling, a proposed judgment. Explanation: Plaintiffs Jay Hylton and Krystal Hylton (together “Plaintiffs”) seek to enforce a settlement agreement by and between them and defendant FCA US LLC (“Defendant”) under Code of Civil Procedure section 664.6. Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . ...

Excerpt: ... the mo tions compelling Prestige Urgent Care's compliance with subpoena, without prejudice. (Code Civ. Proc., § 2020.220, subds. (b) -(c); Cal. Rules of Court, rule 3.1346.) To deny the motions for defendant Homegoods, Inc.'s responses to Requests for Production of Documents, Sets One and Two, since Homegoods, Inc. served its verified responses on April 9, 2024. To award monetary sanctions in the total amount of $1,320 against Homegoods, Inc.'...

Excerpt: ...court orders to provide discovery. The Complaint filed by plaintiff on February 24, 2022, is dismissed, without prejudice. (Code Civ. Proc. §2023.030, subd. (d)(3).) Explanation: Section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) and (g).) Section 20...

Excerpt: ...sa nctions. To deny plaintiffs' request for sanctions against defendant and his counsel for bringing frivolous motions for reconsideration. Explanation: Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has bee n made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon t...

Excerpt: ...named defend ants—Fresno Area Express, City of Fresno (the "City"), and County of Fresno. Plaintiff alleges the City failed to meet the heightened standard of care when the bus driver failed to assist her as she was boarding the bus in her wheelchair, causing her to flip backwards and sustain injuries. Motion for Judgment on the Pleadings A motion for judgment on the pleadings performs the same function as a general demurrer. "The ...

Excerpt: ...tence in the w rongful death cause of action which reads, “Plaintiffs also contend that these defendants' negligence was not only simple, but also gross, and that punitive and exemplary damages should be awarded against all defendants named in the accompanying punitive d amages attachment;” and the entire exemplary damages attachment. Leave to amend is denied. The motion is denied as to the allegations of plaintiff's alternative theory of lia...

Excerpt: ...rstores, Inc., Carmax Business Services, LLC, and Safeco Insurance Company of America are directed to file an Answer within 10 days of service of the minute order by the clerk. Explanation: Demurrer Defendants Carmax Auto Superstores, Inc., Carmax Business Se rvices, LLC, and Safeco Insurance Company of America (collectively “Defendants”) generally demur to the entirety of the Complaint by plaintiff Parminder S. Kaler (“Plaintiff”) for f...

Excerpt: ...ldface type. Explanation: Defendants IEC Corporation and IEC/AAI Holdings, Inc. dba UEI College (hereinafter, together “UEI College”) demur to the fourth, sixth and seventh causes of action alleging fraud, negligent misrepresentation and intentional misrepresentation on the ground that plaintiffs fail to state facts sufficient to state a cause of action. The essential elements of a count for intentional misrepresentation are (1) a misrepresen...

Excerpt: ...pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court to...

Excerpt: ...valid arbi tration agreements.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) Then, “[o]nce the moving party has satisfied its burden, the litigant opposing arbitration must demonstrate grounds which require t...

Excerpt: ...efing is authorized to address the rights and interests of the parties in the subject real property. Defendant Christopher S. Kelley may file a supplemental opposition no later than 5:00 p.m. on May 3, 2024. Plaintiff Amy L. Knight may file a supplemental reply no later than 5:00 p.m. on May 9, 2024. If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation...

Excerpt: ...plaint, w ithout leave to amend. (Code Civ. Proc., § 430.010, subd. (e).) If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation: Each defendant demurs to plaintiff's Second Amended Complaint, which alleges a single cause of action for medical malpractice. Defendants all contend that the cause of action is barred by the applicable statute of limitations un...

Excerpt: ...1. Explanation: First, while plaintiff relies on Code of Civil Procedure section 473.5, subdivision (a), to support her motion, that provision of law does not apply here. That provision states that, “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside...

Excerpt: ...for preference and continue the hearing on plaintiff's motion for preference to Friday, April 12, 2024 at 10:00 a.m. in Dept. 501 to allow for the submission of admissible evidence. (Code Civ. Proc. §36, subd. (d).) To grant plaintiff's ex parte application to serve deposition notices fewer than 20 days after service of summons. (Code Civ. Proc. § 2025.210, subd. (b).) To deny without prejudice plaintiff's motion to use deposition testimony at ...

Excerpt: ...3 :30 p.m. in Department 501. No later than Thursday, April 18, 2024, defendant Nale is to provide a supplemental brief addressing the portions of the opposition for which he did not have timely service. To deny the Kubota defendants' motion for summary jud gment. To deny summary judgment as to Pioneer Farm Equipment Co. Explanation: Evidentiary Objections For plaintiffs' evidentiary objections numbers 1 -3, these were not dispositive to the moti...

Excerpt: ...summary ju dgment. Specifically, plaintiff seeks to set aside (1) the court's order denying the January 24, 2024, ex parte application to continue the hearing for summary judgment pursuant to Code of Civil Procedure section 437c, subdivision (h); (2) the court's deni al of plaintiff's untimely request for oral argument on the January 25, 2024, motion for summary judgment; (3) the January 25, 2024, order granting defendants' motion for summary ju...

Excerpt: ...��arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) Similarly, cases applying Federal Arbitration Association rules note that, “ ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration ...

Excerpt: ...mely ap plication, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) “‘If proper procedures are followed [citation], the court has discretion to permit a nonparty to intervene in litigation pending between others, provided: [¶] The nonparty has a direct and im...

Excerpt: ...om the Complaint, defendant has not provided any legal authority or argument to support the motion to strike. Indeed, defendant only briefly mentions the prayer for attorney's fees in the notice of motion, and never mentions attorney's fees in its memo of p oints and authorities at all. Therefore, the motion to strike the prayer for attorney's fees is unsupported by any legal authorities or argument, and the court intends to deny the motion. Sec...

Excerpt: ...rst Amended Complaint (“FAC”) without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant JPMorgan Chase and Co. and JPMorgan Chase Bank, N.A.'s Motion for Judgment on the Pleadings on the FAC (joined by U.S. Bank N.A.) without leave to amend. (Code Civ . Proc., § 438.) To grant plaintiff's motion to substitute Bank of America, N.A. (“BANA”) for ReconTrust Company, N.A. (Code Civ. Proc., § 368.5; Corp. Code, § 1107, subd....

Excerpt: ...riefs, not to exceed seven pages, which must be filed no later than April 10, 2024. Plaintiff's “renewed” motion is also continued to April 18, 2024, pending further orders once the court rules on its sua sponte motion for reconsideration. Explanation: The court conti nued the hearing on January 17, 2024, to give defendant an opportunity to address the merits of the motion and present evidence that the court would weigh against plaintiff's e...

Excerpt: ...rds are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Cou rt, rule 2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application...

Excerpt: ...etained. [¶] (2) Amend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (Code Civ. Proc. § 2034.610, subd. (a).) The motion must be made in sufficient time in advanc e of the completion of discovery. (Code Civ. Proc., § 2034.610, subd. (b).) A meet and confer declaration is required. (Code Civ. Proc., § 2034.610, subd. (c).) The co...

Excerpt: ... bold print . Should plaintiff elect not to amend, demurring defendant shall file responsive pleadings within twenty (20) days from the date of this order. If oral argument is timely requested, such argument will be entertained on Wednesday, March 27, 2024, at 3:30 p.m. Explanation: As explained previously, ownership of, or a right to possess, specific property is a necessary element of conversion and embezzlement. (Lee v. Hanley (2015) 61 Cal....

Excerpt: ...ure section 664.6, “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the sett...

Excerpt: ...t Two, and for Monetary Sanctions To grant plaintiff's five motions to compel defendant Southern California District Council of the Assemblies of God to serve initial verified responses to the discovery requests, without objections, unless defendant serves verified responses to the discovery prior to the hearing. To grant plaintiff's request for monetary sanctions of $1,200 against counsel for defendant. Defendant shall serve its verified res...

Excerpt: ...f a d eposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire cting compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate ...

Excerpt: ...Person Mo st Qualified and Custodian of Records, dated November 16, 2023, and produce all documents as described in Exhibit A thereto. The deposition shall occur within seven days of service of the order by the clerk. To impose sanctions in the amount of $1,410 in f avor of plaintiffs Samantha Negrete -Cruz and Tomas Cruz and against defendant General Motors, LLC. Within 30 days of service of the order by the clerk, defendant General Motors, LLC...

Excerpt: ...March 20, 2024, at 3:30 p.m. Explanation: Defendant Jeffrey Doc Baker (“Defendant”) moves to strike paragraph 74, of the fourth cause of action as a survival action, and the prayer for punitive damages of the Consolidate First Amended Complaint (“CFAC”).1 Defend ant contends that the CFAC fails to state sufficient facts to support the claim for punitive damages as to him. Pleadings are to be construed liberally with a view to substantial ...

Excerpt: ... argument will be entertained on Wednesday, March 20, 2024, at 3:30 p.m. Explanation: Plaintiff, a student dismissed from the California Health Sciences University College of Osteopathic Medicine (“CHSU”), alleges a single cause of action for violation of Education Code section 94367, subdivision (a), which provides, No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions so...

Excerpt: ...ays of service of the order by the clerk. Explanation: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberal ly to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Here, however, the motion fails to comply with the Rules of Court, and se...

Excerpt: ...ivers Alliance (NCRA), et al.'s, motion for attorney's fees, in the amount of $84,837.98. To grant defendants California Water Impact Network (CWIN), et al.'s, motion for attorney's fees, in the amount of $8,985.00. To grant defendants County of San Jo aquin and County of Trinity's motion for attorney's fees, in the amount of $87,465.00. Explanation: All three sets of defendants have moved for supplemental attorney's fees under Code of Civil Proc...

Excerpt: ...ant Est ate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. To deny plaintiff's motion to deem requests for admissions admitted. (St. Mary v. Superior Court (2014) 223 C al.App.4th 762, 776.) To impose monetary sanctions in favor of plaintiff and against defendant Estate of Mine, LLC. (Code Civ. Proc. §§ 2023.010, subd. (d), 2030.290, subd. (c), 2031....

Excerpt: ... d that there is no need to suspend or revise the Orders entered on December 20, 2023. Explanation: The Notice of Attorney's Charging Lien was overlooked by the court when it initially reviewed the three Petitions, and by the time petitioners' attorne y filed a late Response on December 18, 2023, the court's Tentative Ruling had already been posted on the Tentative Ruling document that was published on December 19, 2023. So this was also overloo...

Excerpt: ... ob jections within 20 days of the date of service of this order. To impose monetary sanctions in favor of Plaintiff Maria Cordoba, and against Defendant American Honda Motor Co., Inc. (Code Civ. Proc. §§ 2023.010, subd. (e) and (h); 2031.300, subd. (c).) De fendant is ordered to pay $1,060.00 in sanctions to the Knight Law Group, LLP within 30 days of the clerk's service of the minute order. If oral argument is timely requested, such argument ...

Excerpt: ...bd. (f).) The motion to strike is rendered moot, in light of the court's ruling granting plaintiff leave to amend the First Amended Complaint. Plaintiff is granted 20 days' leave to file a Second Amended Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in a Second Amended Complaint must be set in boldface type. If oral argument is timely requested, such argument will be entert...

Excerpt: ...ngs. (9 U.S.C. S 2.) If oral argument is timely requested, such argument will be entertained on Friday, March 8, 2024, at 1:30 p.m. in Department 501. Explanation: Evidentiary Objections Plaintiff's first evidentiary objection is sustained for the best evidence rule. The second evidentiary objection is overruled. The third evidentiary objection is sustained for lack of personal knowledge. The fourth evidentiary objection is sustained for hearsay....

Excerpt: ...the matters specified in the Requests for Admission, Set Three, are to be deemed admitted unless each defendant serves, before the hearing, proposed responses to the requests for admission that are in substantial compliance with Code of Civil Pro cedure section 2033.220. (Code Civ. Proc., § 2033.280, subd. (c).) To impose monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $681.25 as to each d...

Excerpt: ...ment will be entertained on Friday, March 8, 2024, at 1:30 p.m. in Department 501. Explanation: In moving to compel arbitration, defendants must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered b y the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal ...

Excerpt: ...Procedure section 598, the court is given great discretion in regards to the order of issues at trial: The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promot ed thereby, on motion of a party, after notice and hearing, make an order…that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case…. ...

Excerpt: ...ted, such argument will be entertained in Department 501 at 3:30 p.m. on February 29, 2024. Explanation: A plaintiff may request a continuance by filing a declaration explaining why further discovery is essential to opposing the motion for s ummary judgment and why additional time is needed. (Code Civ. Proc., § 437c, subd. (h); Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1270.) The declaration must show facts that establ...

Excerpt: ...n for summary adjudication is continued to May 2, 2024, at 3:30 p.m. in Department 403. Defendant shall file and serve its motion for relief from the order deeming it to have admitted the matters in the requests for admission by March 14, 2024. The motion shall be calendared on April 11, 2024. Opposition and reply briefs will be filed and served per code. If oral argument is timely requested, such argument will be entertained in Department 501 ...

Excerpt: ...f Court, rule 3.769, subd. (a).) The approval of the settlement also requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must includ e the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rul...

Excerpt: ...rmony Communities' motion for its attorney's fees, in the amount of $38,002.50. To grant plaintiffs' motion to strike La Hacienda's Memorandum of Costs, item 10, in the amount of $3,512. To deny plaintiffs' motion to strike the remainder of La Hacienda's Memorandum of Costs. To deny plaintiffs' motion to strike Harmony's Memorandum of Costs, in its entirety. If oral argument is timely requested, such argument will be entertained in Department 501...

Excerpt: ...Explanation: Demurrer The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690,...

Excerpt: ...ment order. If oral argument is timely requested, such argument will be entertained in Department 501 at 3:30 p.m. on February 27, 2024. Explanation: The Material Undisputed Facts The plaintiffs in this action, Stephanie Norgard and Edward Priest, are the parents of Varonica Priest ("Decedent"). On January 31, 2021, Decedent presented to the hospital emergency department for respiratory dyspnea. She was 35 years old with a history of mito...

Excerpt: ... others, for failure to properly maintain the lock on the door through which Mr. Roy gained entry to the building. Cosco now moves for summary judgment, relying solely on the firefighter's rule. Cosco contends that the firefighter's rule applies because Mr. D iaz was working as a law enforcement officer in his office at the time of the attack, “and the injuries arose from an activity that was anticipated or expected in the line of duty.” ...

Excerpt: ...timely. Additionally, a meet and confer declaration is not filed in support of the motion. Plaintiff's request to set a hearing on an order to show cause regarding contempt against LP's counsel, Jeremy Freedman, for filing untimely documents, is denied. Explanation: Evidentiary Objections and Requests for Judicial Notice The court overrules each of defendant Latchkey Pioneers, LLC's (“LP”) objections, as LP failed to comply with California ...

Excerpt: ...s the date documents were mailed and where they were mailed from, but the section where the documents served should be listed reads “Post office on Alluvial, Fresno CA” and does not state what was served. Assuming that defendant can provide a sa tisfactory proof of service, defendant also has not met the requirements necessary to set aside a default judgment. Code of Civil Procedure section 473, subdivision (b), provides for relief from a jud...

Excerpt: ...section 3287, subdivisions (a) and (b). Under section 3287, subdivision (a), “[a] person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day...” (Civil Code, § 3287, subd. (a).) “‘The purpose of prejudgment interest is to compensate plaintiff for loss of use of h...

Excerpt: ...r co unsel of record, Brian N. Folland, jointly and severally, payable no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. If oral argument is timely requested, such argument will be entertain ed at 9:00 a.m. on Friday, February 23, 2024. Explanation: Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse...

Excerpt: ... run from the service of this minute order by the clerk. Defendant is granted 10 days' leave to amend to file an amended answer to plead facts sufficient to constitute the affirmative defenses he has already raised. To the extent defendant seeks to amend to include new defenses that were not previously raised, defendant must file his own noticed motion for leave to amend. The time to file the amended answer will run from the service by the cle...

Excerpt: ...ent consistent with the court's summary judgment order. Explanation: The Material Undisputed Facts Plainti
¯s are Robert Solorio, Ana Solorio, Cirenia Lozono and Ian Solorio, a minor, through his guardian ad litem (collectively "Plainti
¯s"). This case arises from a tragic collision (the "Collision") between a train and Plainti
¯s' passenger vehicle (the "Vehicle"), which resulted in "catastrophic and, ultimately, fatal injuries” to Decedent...

Excerpt: ...in which the amended pleading must be Þled will run from service of the order by the clerk. Explanation: In this action, FTA seeks declaratory and injunctive relief to the e
¯ect that under the Bylaws of Joint Health Management Board (“JHMB”) an annual election must be held among the Union Directors for the Union-designated Chairperson/Co-Chairperson and their alternates using the weighted voting procedure described in the JHMB Bylaws. The ...

Excerpt: ...�Defendant”) demurs to the Second Amended Complaint (“SAC”) on the grounds that the second cause of action, for breach arising from a special relationship that it fails to state su
¯icient facts to state a cause of action against Defendant, and that it is uncertain. On a demurrer a court's function is limited to testing the legal su
¯iciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of ...

Excerpt: ...ll run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: The function of a demurrer is to test the su
¯iciency of a plainti
¯'s pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plainti
¯ has succeeded in stating a cause of action; the court does not concern itself with the issue of plainti
¯'s p o ss i b l e d i
¯iculty...

Excerpt: ...t Gerald Johnson, Sr. (“decedent”) by o
¯icers of the Fresno Police Department. Defendants identiÞed Þve issues in their Notice of Motion as the basis for their motion, as follows: 1. Defendants are entitled to judgment on plainti
¯s' Þrst cause of action for battery because defendants Padilla, Bell, and Palomino's use of force (deadly Þrearm force) was objectively reasonable as a matter of law under the totality of the circumstances. 2...

Excerpt: ... that plainti
¯ failed to allege the existence of a duty. The basis of plainti
¯'s negligence cause of action, as she alleges in the SAC, is as follows: On December 3, 2018, an intoxicated driver (Baeza), insured by FSIC, caused an accident by hitting a third-party (Garza). Garza called FSIC to verify Baeza's insurance and asked if she should call the police. The FSIC representative told Garza she did not need to call the police and that they (...

Excerpt: ...efendants from forcing park residents who resided at the park prior to October 10, 2022, to re-apply for tenancy, and closing the park until the City approves the closure and relocation plan under Government Code section 65863.7. To waive the requirement that plainti
¯s post an undertaking to obtain the injunction. Explanation: “This court has traditionally held that trial courts should evaluate two interrelated factors when deciding whether o...

Excerpt: ...damages, with leave to amend. Plainti
¯s may Þle and serve a Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC (“Defendant”) demurs to the fourth cause of action for fraudulent concealment set forth in the First Amended Complaint (“FAC”). On a demurrer a court's function is limited to testing the legal su
¯ici...

Excerpt: ...onses, without objections, to the Þrst set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant R&S in the amount of $890. To deny the request for sanctions against defendant's attorney. Defendant shall pay sanctions within 30 days of the date of service of this ...

Excerpt: ..., Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Tentative Ruling: To grant all motions as to plainti
¯ Barandalla. Within 20 days of service of the order by the clerk, plainti
¯ Barandalla shall serve objection-free responses to the items speciÞed in the document Þled by defendant...

Excerpt: ...rt also intends to grant the motion to strike plainti
¯s' sixth cause of action, paragraph 205, lines 21 thru 24, which alleges that “Defendants further interfered with Plainti
¯'s m e m b e r s ' contracts by unlawfully and non-consensually terminating the tenancies of all Plainti
¯'s members, including Kim Sands, by serving them with a ‘Five Day Notice to Vacate' on or around April 12, 2023, and by Þling unlawful detainers against sever...

Excerpt: .... Davis as Trustee of the Brent A. Davis 2012 Revocable Trust, Davis & Davis Distributors, Davis Equipment, Inc., Davis & Davis Distributors No. 2, Inc. and VRAD Products, Inc.'s motion for summary judgment of the Third Amended Complaint against them. Defendants shall submit a Judgment consistent with the terms of this ruling within 10 days of service of the order. Explanation: Summary judgment is properly granted when no triable issue exists as ...

Excerpt: ...preliminary settlement class. (Cal. Rules of Court, rule 3.769(d).) "If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notce to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, rule 3.769(e).) "If the court has certified the action as a class action, notce of the final approval hearing must...

Excerpt: ... leave to file a Petition for Relief to File Late Claim pursuant to Government Code section 946.6. The Petition shall be filed in Fresno Superior Court Case Number 23CECG02328. Explanation: The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern ...

Excerpt: ...nses, without objections, to the first set of form interrogatories, special interrogatories, and requests for production of documents. To deem defendant to have admitted the truth of the matters in the requests for admissions, set one. To grant monetary sanctions against defendant Stine in the amount of $890. To deny the request for sanctions against defendant's attorney. Explanation: Plaintiffs have shown that they are entitled to orders compell...

Excerpt: ... pursuant to the rules and exceptions for psychotherapist-patent communications. (Evid. Code, S 1010 et seq.) Evidence Code section 1012 protects communications between a psychotherapist and a patient, including communications during the scope of treatment and diagnoses made by the therapist. A psychotherapist shall claim the privilege whenever disclosure of such communications is sought. (Evid. Code, S 1015.) The holder of such privilege is the ...

Excerpt: ... proposed judgment dismissing the achon. The trial date set for August 19, 2024, is vacated, as are the related dates for Mandatory Settlement Conference and Trial Readiness. If a timely request for oral argument is made, such argument will be entertained on Wednesday, January 24, 2024, at 3:30 p.m. Explanation: Once a moton to compel a party to comply with a discovery request is granted, continued failure to comply may support a request for more...

Excerpt: ...proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc„ S 437c, subd. (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 this must be shown via specific facts and not mere allegations. (ld.) "California cou...

Excerpt: ...court issued an order granting Defendant's motion and stayed all proceedings pending final disposition of the United States District Court, Eastern District of California, Case No. 1:22-cv-00729. Plaintiff now seeks reconsideration of that order of stay. Motions for reconsideration fall under the purview of Code of Civil Procedure section 1008, which states in pertinent part: When an application for an order has been made to a judge, or to a cour...

Excerpt: ...ich notably contains a single titled cause of action for common count — money had and received) fails to state suffcient facts to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10 and is otherwise uncertain, based upon subdivision (f) of Code of Civil Procedure section 431.10. Defense counsel met and conferred with plaintiff in Spanish by telephone before filing the demurrer, per the declaration ...

Excerpt: ...ng with his evidence. The evidence and new memorandum must be filed on or before 5:00 p.m. on February 20, 2024. Plaintiff may file a new reply on or before 5:00 p.m. on Thursday, February 29, 2024. Explanation: Defendant opposes the moton by arguing that plaintiff has failed to meet the requirements to allow her to bring a renewed motion under Code of Civil Procedure section 1008, subdivision (b). However, the court does not actually regard this...

Excerpt: ...o constitute a cause of action, with leave to amend. To overrule the City's demurrer to the first and third causes of action. To sustain the City's demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. Plaintiff is permitted to file and serve a Third Amended Complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanat...

Excerpt: ...v. Proc., S 1281.2.) However, there is "no public policy in favor of forcing arbitration of issues the parties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to co...

Excerpt: ...take one full eight-hour day. Explanation: Any party may obtain discovery by means of a physical or mental examination of a party to the action, in any action "in which the mental or physical condition of that party is in controversy in the action. ' (Code Civ. Proc., S 2032.020, subd. (a)(l).) If a party desires to obtain discovery by a physical or mental examination, that party shall obtain leave of court. (Code Civ. Proc., S 2032.310, subd. Th...

Excerpt: ...rant each moton to compel initial responses. Within ten (10) days of service of the order by the clerk, plaintiff Kent Lane shall serve verified responses, without objections, to Form Interrogatories, Set One. To impose monetary sanctions in the total amount of $820.00 against plaintiff Kent Lane, in favor of defendants Abel Cintora and Abel's Towing & Roadside Service, Inc. Within thirty (30) days of service of the order by the clerk, plaintiff ...

Excerpt: ... Plaintiffs move, pursuant to Code of Civil Procedure, section 437c, subdivision (f)(l), for summary adjudication against all three of defendant's affirmative defenses raised in his answer: (1) self-defense, (2) defense of property, and (3) necessity. Plaintiffs contend that defendant cannot establish any of these affirmative defenses. However, the evidence plaintiffs submit in support of its motion, with the exception of the decedent's cause of ...

Excerpt: ...ice of the order. If a timely request for oral argument is made, such argument will be entertained on Thursday, January 11, 2024, at 3:30 p.m. Explanation: Summary judgment is properly granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of act...

Excerpt: ...(b); Code Civ. Proc., S 437c, subd. (h).) Explanation: Withdraw Admissions The court may permit a party to withdraw or amend an admission made in response to requests for admission only if the court finds: 1) the admission resulted from "mistake, inadvertence or excusable neglect;" and 2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (Code Civ. Proc., S 2033.300, subd. (b).) T...

Excerpt: ...nterprises, Inc. ("Plaintiff"). Big Valley challenges the proof of service, which indicates service on a Jane Doe, arguing that Jane Doe is not one of the statutory persons upon whom service on a corporation may be effected. Where the party to be served is a corporation, summons may be served on, among others, the corporation's: agent for service of process; or president, chief executive officer, or other head of the corporation, a vice president...

Excerpt: ... set one. (Code Civ. Proc. SS 2030.290, subd. (b), and 2031.300, subd. Plaintiff is ordered to serve complete verified responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To deem defendant's request for admissions, set one, admitted by plaintiff Sukhwinder Singh. (Code Civ. Proc. 52033.280, subd. (b).) To require defendant to pay $120 for moton fees to the clerk (in addition to...

Excerpt: ...he moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S437c, subd. (c).) In determining a motion for summary judgment, the court views the evidence "in the light most favorable to the plaintiff", liberally construing plaintiff's evidence and strictly scrutinizing the defendant's evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 254.) The court does not weigh evidence or inferences (Aguilar v. Atlantic R...

Excerpt: ...d; 2) to Compel Responses to Form Interrogatories, Set One; 3) to Compel Responses to Special Interrogatories, Set One; and 4) to Compel Responses to Request for Production of Documents, Set One Motions by Manco, Strauss, and Leeds as to Discovery propounded by each of them on Plaintiff Balwinder Kaur ("Kaur"): 1) to Deem the Matters Specified in Request for Admissions, Set One, Admitted; 2) to Compel Responses to Form Interrogatories, Set One; 3...

Excerpt: ...gment in an achon brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab. Code, secton 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA repre...

Excerpt: ... Osborn and Carolyn Michalle Barnes, individually and as Trustee of the Homer R. Osborn Living Trust, UTD December 4, 2008, seek an order consolidating the unlawful detainer acton (case number 23CECL08578) with the civil action (case number 22CECG03938) since otherwise the unlawful detainer acton would proceed to trial before plaintiffs' claim to own title to the property could be decided, and could result in the forfeiture of plaintiffs' own pro...

Excerpt: ...ter. Defendants The Dominion Courtyard Villas, Scott Ellis Enterprises LLC, Scott Ellis Enterprises LP, Barcelona Apartments, Casa Del Rio Apartments, Dartmouth Tower Apartments, Oxford Park Apartments, Reef Apartments, Scottsmen Apartments, Scottsmen Too Apartments, and Villa Faria Apartments (collectively "Defendants") object to the hourly rates sought, and some of the basis of the lodestar sought. Lodestar A court assessing attorney fees begin...

Excerpt: ...t debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Secton 1005." (Code Civ. Proc. S 877.6, subd. "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against...

Excerpt: ... 2023.030, subd. (d)(3).) To impose monetary sanctions in the amount of $2,030 against defendant Sandra Romero. Defendant Sandra Romero shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court or...

Excerpt: ..., 72.) Government Code section 911.2, subdivision (a) provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1775.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity to investigate while evidence i...

Excerpt: ...court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Initially the court notes that while the opposition is submitted on behalf of both plaintiff Bee Sweet and defendant/cross-complainant Style-Line, in light of the settlement and contingent assignment of Style-Line's cross-claims to plaintiff, in this tentatve ruling the court will refer to the opposing parties ...

Excerpt: ..., rule 3.1113(d). Rule 3.1113(e) requires a party to obtain permission to file a brief exceeding 15 pages. Here, plaintiffs' counsel did not obtain leave of court to file a monumentally oversized brief. "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, rule 3.1113(g).) Thus, the court has discretion to disregard excessively long briefs filed with...

Excerpt: ...h Cause of Acton: Plaintiff has agreed to dismiss the fraud claim from the First Amended Complaint. Therefore, the court intends to sustain the demurrer to the sixth cause of action for failure to state facts sufficient to constitute a cause of action, without leave to amend. Demurrer to Eighth Cause of Action: Defendant contends that plaintiff's cause of action for intentional infliction of emotional distress fails to allege sufficient facts to ...

Excerpt: ...008) 167 Cal.App.4th 1174, 1182, internal citations omitted); see also Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1353-1355 [assent can be established where the parties were present but did not object to settlement terms].) Furthermore, "[w]hen parties intend that an agreement be binding, the fact that a more formal agreement must be prepared and executed does not alter the validity of the [oral] agreement." (Blix Street Records, Inc. v. Cassidy...

Excerpt: ...guez's moton to compel defendant Estate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, unless evidence is submitted of Defendant's responses having been on served December 6 and 8, 2023. To grant plaintiff's motion to deem requests for admissions admitted, unless evidence is submitted of Defendant's responses to the requests for admission having been s...

Excerpt: ...tricken. Plaintiff may file the requests to enter defendants' defaults on the required Judicial Council forms. Explanation: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure secton 2023.010, subdivision (g), makes "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctons are only authorized to the extent permi...

Excerpt: ...of the minute order. New Allegations/language must be set in boldface type. Explanation: Cross-defendant Najeeb K. Ansari, M.D. demurs to each cause of action in crosscomplainant Clinica Sierra Vista's Cross- Complaint on the basis that each fails to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. The first and second causes of action are for equitable indemnity and comparative equitable indemnity, respectively,...

Excerpt: ...it or that there is no defense to the achon or proceeding." (Code Civ. Proc., S 437c, subd. (a).) The court must determine from the evidence presented that "there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law ..." (Code Civ. Proc., S 437c, subd. (c).) "The workers' compensation exclusivity rule is the rule, embodied in [Labor Code sections et seq.l, that with certain exceptions, a...

Excerpt: ...fendant's second summary judgment motion after the court denied its first motion. In both motions, defendant inexplicably contends plaintiffs "do not allege that Lifeway improperly invoked its early termination rights underthe lease. I' (Def.'s mem., at 1:21; see also mem. filed 2/7/23 at 1:21-22.) Yet, plaintiffs allege exactly that "Defendant (Lifeway) attempted to avoid its obligation to make lease payments ... by improperly, and in bad faith,...

Excerpt: ... unopposed and granted) motion to set aside a default was epically unprofessional and abhorrent. (See Rules Prof. Conduct, rules 3.1(a)(1), 3.2 and 8.4(a).) That truism aside, the court must now decide whether sanctions and attorneys' fees should be awarded against plaintiff and its counsel. Actons or tactics undertaken in bad faith which are frivolous and intended solely to cause unnecessary delay constitutes sanctionable conduct. (Code Civ. Pro...