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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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...