Excerpt: ...boldface. Explanation: Defendant County of Fresno ("defendant") demurs to the First Amended Complaint ("FAC") on the grounds that the second and third causes of action of the FAC, for breach arising from special relationships and for breach of mandatory duties, fall to state sufficient facts to state a cause of achon against defendant. Defendant further demurs to the second and third causes of action for uncertainty. On a demurrer a court's funct...

Excerpt: ... Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure section 2023.010, subdivision (g), makes "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctions are only authorized to the extent permitted by each discovery procedure. For failure to obey the court's discovery orders or to appear at a noticed deposition, ...

Excerpt: ...he Notice of Motion to Consolidate in case numbers 21CECG03062 and 22CECG00231 within 10 days of the clerk's service of the minute order. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: California Rules of Court, rule 3.350(a)(1)(C), requires the moving party to file the Notice of Motion to Consolidate in both cases proposed to be consolidated. The supporting memora...

Excerpt: ...sponses to Form Interrogatory Numbers 2.5, 2.11, 2.12, 2.13, 8.2, 8.4, 9.1, 9.2, 12.1, 12.2, 12.3, 15.1, 17.1 (with the exception of any responses addressing Request for Admission Numbers 9, 12, 14-15, 24-34), 50.1, 50.2, 50.3, 50.4, 50.5, 50.6; special Interrogatory Numbers 3-8, 9-13, 15-16, 18-22; Request for Admissions Numbers 2- 8, 10-11, 13, 16-23, 35; and Request for Production Numbers 1-16. To deny defendant Premier Valley Bank's motion to...

Excerpt: ...h defendants. To stay the pending civil action, including the claims of John Broaddus, until the resolution of the arbitration. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: Pursuant to California Code of Civil Procedure section 1281.2, "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy an...

Excerpt: ... minute order, a proposed judgment consistent with the court's summary judgment order. (Code Civ. Proc„ S 437c, subd. To deny Fresno Community Hospital & Medical Center dba Community Regional Medical Center's ("CRMC") motion for summary judgment. (Code Civ. Proc., S 437c, subd. (c).) If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: Plaintiff alleges that defendants...

Excerpt: ...amirez (together "Plaintiffs") seek an order of preliminary injunction prohibiting defendants Gill Growers, Inc., Vindeep Gill, Lakhbir Gill, and Manjit K. Gill (collectively "Defendants") from: (1) Continuing to fail to maintain the sewer system at 11126 S. Orange Avenue, Fresno, California 93725 (the "Property"), consistent with Civil Ctxle section 1941.1 and Health and Safety Code sections 17920.3, subdivision (a)(14)-(15) and (c); (2) Continu...

Excerpt: ...old print. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: A party may file a general demurrer on claims that "[tlhe pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 demurrer can be utilized where the complaint itself is incomplete ....' [Citations.]" l.) ...

Excerpt: ...s of 10 and 13 years, from 6th to 8th grade. Monson-Sultana now moves for summary judgment or, alternatively, summary adjudication. Summary Adjudication Monson-Sultana does not move for summary adjudicaton of any particular causes of action, but that "No Administrative or Supervisory Employee of Monson- Sultana Joint Union Elementary School District Had Prior Knowledge, Nor Any Reason to Know, That David Blancas Had A Dangerous Propensity to Abus...

Excerpt: ...wners who assigned to plaintiff their claims arising from the alleged impro#r foreclosure of their homes. Wells Fargo has demurred to the First Amended Complaint ("FAC") and all causes of action. Plaintiff's Suspended Corporate Status Wells Fargo first contends that because plaintiff had been suspended, it lacks capacity to sue. However, with the Request for Judicial Notice, plaintiff submits evidence that its status has been reinstated. As of Ma...

Excerpt: ...ted to submit to this court, within 7 days of service of the minute order, a Proposed Judgment dismissing the action. Explanation: In 2021, Astroturf was awarded contracts for the addition of turf to McLane High School and Sunnyside High School in Fresno Unified School District. Plaintiff Dominick aerarducci, a manager for Astroturf, alleges defamatory statements were published by defendant Fresno Unified School District (FUSD) within a September...

Excerpt: ...t she saw smoke coming from what appeared to be the mobile home of defendant Laura Christine Gribben (Gribben). When she went to inform Gribben, she observed Gribben's son, defendant Joshua Dale Cross (Cross), burning items outside Gribben's home and moving the items around with a garden hoe. As plaintiff tried to leave, Cross hit her in the head with the hoe, causing severe injuries. Gribben demurred to the fourth, fifth and sixth causes against...

Excerpt: ...rp.; and Planet 13 Holdings, Inc., to the second, fourth, fifth, sixth, eighth and ninth causes of action of the First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. S 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action...

Excerpt: ...his error on plaintiff's part. Healthcare providers must possess and exerc:ise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: "(1) the duty of the professional to use such skill, prudence, and diligence as other members of h...

Excerpt: ... for Production, Set Two Tentative Ruling: To grant defendant General Motors, LLC's motion for relief from waiver of objections asserted in its response to Request for Production of Documents, Set Two. To deny plaintiff Brooks' motion to compel further responses to requests for production, set one. To take off calendar plaintiff Brooks' motion to compel the deposition of defendant's person most knowledgeable for failure to file moving papers. To ...

Excerpt: ...his error on plaintiff's part. Healthcare providers must possess and exerc:ise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: "(1) the duty of the professional to use such skill, prudence, and diligence as other members of h...

Excerpt: ... for Production, Set Two Tentative Ruling: To grant defendant General Motors, LLC's motion for relief from waiver of objections asserted in its response to Request for Production of Documents, Set Two. To deny plaintiff Brooks' motion to compel further responses to requests for production, set one. To take off calendar plaintiff Brooks' motion to compel the deposition of defendant's person most knowledgeable for failure to file moving papers. To ...

Excerpt: ...rp.; and Planet 13 Holdings, Inc., to the second, fourth, fifth, sixth, eighth and ninth causes of action of the First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. S 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action...

Excerpt: ...ubmitted on reply by the Supplemental Declaration of Donna Barrett. Plaintiff shall file and serve the supplemental briefing by 5:00 p.m. on October 27, 2023. Defendant shall serve and file its response to the supplemental briefing by 5:00 p.m. on November 2, 2023. Explanation: Defendant The General Council of the Assemblies of God ("Defendant") seeks summary judgment or, in the alternative, summary adjudication of the three causes of action of t...

Excerpt: ...olve the issues, defense counsel shall file a declaration, no later than September 22, 2023, stating the efforts made. If no declaration is filed, the hearing will be taken off calendar. Explanation: Under Code of Civil Procedure section 430.41, "[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose ...

Excerpt: ...rance Company's demurrer to the fifth cause of action. Plaintiff is granted 10 days' leave to file and serve a Fourth Amended Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type, failure to do so (again) will result in the pleading being stricken. Explanation: On November 3, 2021, plaintiff filed suit against defendants Samuel Alexande...

Excerpt: ... that transaction, plaintiff signed a Retail Installment Sales Contract ("RISC") which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on March 25, 2022, against Nissan and Naftoon, lnc„ a repair facility (but not the seller). The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act — Breach of Express Warranty; (2) Fraudulent Inducement — Intentiona...

Excerpt: ...the issues, but merely discovers, through the medium of affdavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. Summary adjudicat...

Excerpt: ...an be amended and the distribution of any cy pres funds can be ordered. as to the amount paid to class members must be filed on or before August 1, 2024. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. In addition, there does n...

Excerpt: ...ary judgment, except it acts on specific causes of action, rather than on the entire complaint. (Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 398.) A plaintiff moving for summary judgment or adjudication of a cause of action must "prove[l each element of the cause of action entitling the party to judgment on that cause of action." (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241; Code Civ. Proc„ S 4...

Excerpt: ...f the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of t...

Excerpt: ...f's motion to set the trial date against the estate of Robert Bray by September 7, 2023. To deny the alternative moton to extend the five-year statute for bringing the case to trial. Explanation: Summary Judgment Motion To the extent plaintiff seeks summary judgment against defendant Adi McKissen, the court has already granted McKissen's motion for judgment on the pleadings as to all claims alleged against her without leave to amend. Therefore, p...

Excerpt: ... to address defects in pleadings otherwise not challengeable by a demurrer. (See Code Civ. Proc., S 435.) A motion to strike can be used to attack either a portion or the entirety of a pleading. (Ibid.) Waiver Cross-complainants rely on California Rules of Court, rule 8.54(c), for the position that cross-defendant's arguments are waived because he did not assert them in an opposition to the motion for leave to file a cross-complaint. The rule sta...

Excerpt: ...ivision (a), "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may...

Excerpt: ... Plaintiff may file 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. To grant the moton to strike portions of the First Amended Complaint only as to the prayer for punt-ive damages, without leave to amend. To deny the motion to strike portions of the First Amended Complaint on all other grounds. Explanation: On June 30, 2022, plaintiff filed suit against defe...

Excerpt: ...ice by the clerk of the minute order. All new allegations/language must be set in boldface type. To deny the motion to strike. Explanation: The express basis for the demurrer is that the Second Amended Cross-complaint fails to state facts constituting a cause of action, based upon Code of Civil Procedure section 431.10, subdivision (e). Plaintiffs also demurred for uncertainty to the second and third causes of action. The request for judicial not...

Excerpt: ...ments are alleged to be confidential business records that contain proprietary information on defendant's operations. Defendant additionally notes that a prior court order for protection authorizes the filing of confidential information under seal. However, "[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. Ru...

Excerpt: ...ease agreement, or an assignee of the lease agreement. Thus, U.S. Bank National Association was not the real party in interest who had the right to sue on this claim. (Code Civ. Proc., S 367; Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980, 991 [noting that while the standing statute/requirement is "superficially concerned with procedural rules," application of the statute "really calls for a consideration of rights and obliga...

Excerpt: ...efendants bear the burden of proving that there is a complete defense to each challenged cause of action or that plaintiff cannot establish one or more elements of each of its challenged causes of action. (Barber v. Marina Sailing, Inc. (1995) 35 Cal.App.4th 558, 562.) If that burden is met, plaintiff can defeat the motion by demonstrating a triable issue of material fact. (Martinez v. Enterprise Rent-Acar Co. (2004) 119 Cal.App.4th 46, 52-53.) I...

Excerpt: ...action for fraud, the fifth cause of action for conspiracy, the sixth cause of achon for declaratory relief, and the seventh cause of action for unjust enrichment. She argues that plaintiff has not stated any valid claims against her because plaintiff admits in his Third Amended Complaint that the contract that he executed with the Brays to purchase the subject property was invalid because the Brays did not have the authority to sell the property...

Excerpt: ...ate facts sufficient to constitute a cause of acton. To sustain defendant Saint Agnes Medical Center's demurrer, with leave to amend, for failure to state facts sufficient to constitute a cause of acton. To sustain defendant Sierra Pacific Orthopedics' demurrer, with leave to amend, for failure to state facts sufficient to constitute a cause of action. Plaintiff is granted 10 days' leave to file a Second Amended Complaint. The time to file such p...

Excerpt: ...y demur to the entirety of the Complaint of plaintiffs Julie Osborn and Carolyn Michelle Barnes, an individual and as trustee to the Homer R. Osborn Living Trust, UTD December 4, (together "plaintiffs"). Defendants further generally demur to the entirety of the Complaint for failure to state facts sufficient to constitute a cause of action. The Complaint states twelve causes of action: (1) financial elder abuse; (2) physical and emotional elder a...

Excerpt: ... within an action or one or more issues of duty, if the party contends that there is no affrmative defense to the cause of action, „ or that one or more defendants either owed a duty to the plaintiff (Code Civ. Proc., S 437c, subd. (f)(l).) Plaintiff Fresno Community Hospital and Medical Center, d/b/a Community Health System ("CMC") moves for summary adjudication of the first cause of action for breach of contract against Community Regional Med...

Excerpt: ...ponses and for sanctons as to special interrogatories nos. 7, 9, 10, 16, 24, 27, 81, 88, 101, 102, 105, 107, 111, 112, 113, 135 and 188, form interrogatory 8.7, and request for production no. 8. After plaintiff CMC served supplemental responses on 11/14/22, the court continued the hearing and ordered the parties to meet and confer to resolve and narrow any remaining issues: "After an exchange of letters setting forth the parties' positions (with ...

Excerpt: ...ept as otherwise provided by law and subject to the power of the court to transfer actions or proceed-ngs as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action." (Code Civ. Proc., S 395, subd. (a).) Also, "if a defendant has contracted to perform an obligation in a particular county, the superior court in the county ...

Excerpt: ... view to substantial justice between the parties. (Code Civ. Proc. S 452.) The allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Mere legal conclusions of oppression, fraud or malice are insufficient to support punitive damages allegations and therefore may be stricken. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) However, if looking to the comp...

Excerpt: ...tal filing shall be made no later than p.m. on October 24, 2023. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code secton 2698 et seq. Defendants Sally Beauty Holdings, Inc. and Beauty Systems Groups LLC (together "defendants") now seek an order compelling plaintiff to arbitrate her PAGA claim as an individual, and to dismiss the represen...

Excerpt: ...rrer to the fourth cause of action. To grant the motion to strike. To grant leave to amend. Should plaintiff desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: The demurring defendants challe...

Excerpt: ...rm Interrogatories (Set One); and 5) Imposing Monetary Sanctions Jointly Against All Defendants Tentatve Ruling: To grant plaintiff Huey Hodges, Jr.'s motion to strike Defendant Disaster Relief International, Inc.-DRI, Inc. ("DRI") from the Answer filed October 14, 2022. To find the motion to compel defendant DRI's responses to form interrogatories moot in light of striking defendant DRI from the Answer. To grant plaintiff's motons to compel resp...

Excerpt: ...impose monetary sanctions in the sum of $3,210, to be paid by GM to plaintiffs' counsel within 20 days of service of the order by the clerk. Explanation: Plaintiffs move to compel further responses to production demand nos. 16-31, 33, 37-41 and 45-46. In response to these demands, GM served objections and stated that no documents would be produced. After the parties entered into a protective order, GM proceeded to produce a number of documents, b...

Excerpt: ...tly and severally, in the amount of $660, payable to the Law Office of Amy R. Lovegren-Tipton, APLC within 30 days of the clerk's service of the minute 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 order to provide discovery." (Code Civ. Proc. S 2030.010, subds. (d) & (g).) Secton 2023...

Excerpt: ...rticipation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action or part of the action prior to the hearing, courts have uniformly held that the trial court retains jurisdiction to award attorney fees against the plaintiff. (Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107.) A number of courts have held that the determinative question as to whether fees should be awarded...

Excerpt: ...ithin 20 days of the clerk's service of this order. New or different allegations in a Third Amended Complaint are to be set in boldface type. To strike and overrule the demurrer by HSBC Bank, LISA and Mortgage Electronic Registration System. Explanation: Demurrer by Wells Fargo Bank, N.A. ("Wells Fargo") "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Tr...

Excerpt: ...g the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the settlor's financial condition and insurance policy limits, if any; and 6) eviden...

Excerpt: ...laremont Capital Partners, LLC dba Ocean Grown Extracts dba Evidence ("Claremont LLC"), and four new causes of action relating to these parties' interference with the business and contractual relations between plaintiff and defendant Latchkey Pioneers, LLC ("Pioneers"). Plaintiff has met the formalities required of a motion to amend the Complaint, and has given due notice to all appearing defendants. Motions for leave to amend pleadings are direc...