Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...

Excerpt: ...n: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2W7) 42 Cal.4th 201, the California Supreme Court ...

Excerpt: ...tiff cannot prevail on her first cause of action for harassment based on her disability because she was not subjected to any severe or pervasive conduct that would qualify as harassment during her employment with Saint Agnes. "In construing California's FEHA, this court has held that the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe. This limitation mirrors the federal cou...

Excerpt: ...counsel shall call the court to take the demurrer as to defendant Person off calendar. If it does not resolve the issues, counsel for defendant Person shall file a declaration on or before November 1, 2023, stating, in detail, the efforts made. Defendant Fresno Unified School District's demurrer is continued in order to have the motions heard the same date. Explanation: Ctxle of Civil Procedure section 430.41, subdivision (a), makes it clear that...

Excerpt: ...If a timely request for oral argument is made, such argument will be entertained on Wednesday, October 11, 2023, at 3:30 p.m. Explanation: Meet and Confer Plaintiffs assert that defendants failed to comply with Code of Civil Procedure section 435.5. Specifically, plaintiffs argue that defendants failed to meet and confer with plaintiffs regarding the issues raised by the motion to strike, though defendants still had ample time to meet and confer ...

Excerpt: ...efendant California Department of Transportation ("Defendant") seeks to stay the present matter in favor of allow-ng a parallel proceeding between it and plaintiff Maisa Kurdi ("Plaintiff") to proceed. An application for a stay is addressed to the sound discretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) In exercising its discretion, the court should consider the importance of, among other things, avoiding ...

Excerpt: ... matters specified in the Requests for Admission, Set Two, are to be deemed admitted unless each defendant serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Prcyc., S 2033.280, subd. To grant monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $940.00 as to each defendant. Mone...

Excerpt: ...f the minute order. Explanation: The function of a demurrer is to test the suffciency 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.A...

Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...

Excerpt: ...tion of Los Angeles Superior Court Case Number 20STCV33816. If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: A defendant may make a plea in abatement pursuant to Code of Civil Procedure section 430.10, subdivision (c). This section provides for a demurrer based on "another action pending between the same parties on the same cause of action." (Code Civ. Proc.,...

Excerpt: ...rrer that "[tlhe complaint is just stating allegations without one proof, no evidence was given that supports those allegations whatsoever." (See Demurrer at p. 2:4.) However, in deciding a demurrer, "the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) In other words, the court does not concern itself with the issue of plaintiff's...

Excerpt: ...service of the order by the clerk. Explanation: Second Cause of Action A class-of-one plaintiff, such as is the case here, must allege "that (1) the plaintiff was treated differently from other similarly situated persons, (2) the difference in treatment was intentional, and (3) there was no rational basis for the difference in treatment." (Las Lomas Land Co., LLC v. City of Los Angeles (20439) 177 Cal.App.4th 837, 858.) The City of Fresno ("City"...

Excerpt: ... to amend. Explanation: Demurrer: "The purpose of the [Elder Abuse Act was) essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33; see also Covenant Care, Inc. v. Superior Court (2CN) 32 Cal.4th 771, 787.) "In order to obtain the remedies available in section 15657, a plaintiff must demonstrate by clear and convinci...

Excerpt: ...dards Enforcement (DLSE), which seek certain documents and the names of witnesses against it in the administrative proceeding the DLSE has brought against it for failure to list Covid-19 supplemental leave on its employees' wage statements. Petitioner contends that it needs this information in order to prepare its defense and to avoid unfair surprise at the informal administrative hearing on fts appeal of the citations. Petitioner cites to arovel...

Excerpt: ...counsel failed to file the motion for class certification by the court-ordered deadline. Defendant also claims that plaintiff has refused to comply with discovery requests, which has forced defendant to file requests for pretrial discovery conferences and motions to compel. Defendant claims to have been prejudiced by plaintiffs' obstruction of discovery and failure to bring a moton to certify the class in a timely manner. In addition, defendant c...

Excerpt: ...iff's request for sanctions. Explanation: This is an action arising out of the alleged sexual abuse of a student, J.L„ by a teacher, David Blancas, at Monson-Sultana Joint Union Elementary School ("MonsonSultana"). Plaintiff alleges that he suffered sexual abuse between the ages of 10 and 13, from 6th to 8th grade. In February 2015 Monson-Sultana filed a motion for summary judgment on the ground that this action is time barred. In response, on ...

Excerpt: ... ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can ...

Excerpt: ...type. Explanation: Late Filed Reply Defendant filed its reply pa#rs on September 19, 2023, two days before the hearing on these motions. Reply papers must be filed at least five court days before the hearing. Civ. Proc., S The court has discretion to refuse to consider such late filed papers in ruling on the motion. (Cal. Rules of Court, rule 3.13W(d).) The court will not consider the late filed reply. Demurrer The function of a demurrer is to te...

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: ...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: ...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...