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Location: Fresno x
Judge: Simpson, A.M. x
2020.03.19 Motion to Compel Deposition 089
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.19
Excerpt: ...urally defective in two respects. First, none of the exhibits supporting the motion are authenticated. Maria Lampasona in her declaration purports to authenticate around 18 exhibits attached to her declaration. But the declaration includes no exhibits or attachments. SCCCD separately filed a volume of evidence, but the declaration does not reference such a filing. None of the exhibits are actually authenticated. Second, and most significantly, th...
2020.03.19 Motion for Summary Judgment, Adjudication 897
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.19
Excerpt: ... and the federal court denied the motion as to the state law claims. (See Defendants' Exhibit U, Order of United States District Court for the Eastern District of California dated August 30, 2017.) In its order, the District Court expressly found that there were triable issues of material fact with regard to the state law wrongful death cause of action, and thus denied summary adjudication of that claim. (Order, pp. 21:19 ‐ 22:23.) The District...
2020.03.19 Demurrer 117
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.19
Excerpt: ... Practices Act only. Any amended pleading must be filed within 30 days of the hearing. Oral argument for this matter at 3:30 p.m. on May 7, 2020 in this Department. Plaintiff is ordered to appear through Court Call. Explanation: The Court incorporates its ruling of November 19, 2019. The demurrer on the ground of Code of Civil Procedure section 430.10(d) is sustained for the same reasons it was sustained last time. Plaintiff's FAC rests a claim u...
2020.03.12 Motion for Summary Judgment, Adjudication 697
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.12
Excerpt: ...s now dismissed those claims with prejudice. (Ibid.) To deny the CDCR's motion as to the fourth cause of action, as moot since that cause of action has been dismissed with prejudice. (Ibid.) To grant the CDCR's motion as to the first, second, third, and fifth causes of action, and McElroy's motion as to the fifth cause of action. (Ibid.) Defendants shall submit a proposed judgment consistent with this order for the court's signature within 10 day...
2020.03.12 Motion for Leave to File Amended Complaint 668
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.12
Excerpt: ...tiff's motion for summary judgment from June 2, 2020 to July 19, 2020 at 3:30 p.m. in Dept. 502. If defendant desires to move for summary adjudication, or summary judgment concerning the new eighth and ninth causes of action, it may do so in two ways. It may file a Supplemental Notice of Motion, Memorandum of Points and Authorities, Separate Statement, and any new evidence, relating to the eighth and ninth causes of action only, to be heard on Ju...
2020.03.12 Demurrer 747
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.12
Excerpt: ...he entity operating as Jack's Resort) and its members, officers, employees and agents. One of those defendants is Susan Lanier, a registered unlawful detainer assistant, who received rent payments on behalf of S.S.M.A. as its agent and had a lead role in trying to unlawfully evict the plaintiffs. (Complaint ¶¶ 7, 24.) Lanier also prepared and served the notices of evictions that the plaintiffs received. (Complaint ¶ 87.) On the notices Lanier ...
2020.03.11 Motion for Attorney's Fees 838
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.11
Excerpt: ...'s December 12, 2019 Minute Order adopting the tentative ruling stated: “Plaintiff's prior motion for pre‐appeal fees is hereby set for Tuesday, February 4, 2020 at 3:30 p.m. in Department 502.” The order did not authorize additional briefing. Accordingly, the court disregards all documents on the issue of pre‐appeal attorney's fees filed by the parties after December 12, 2019 and awards no fees for the preparation of those filings. CPRA ...
2020.03.11 Demurrer, Motion to Strike 728
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.11
Excerpt: ...ion, as well as based upon the economic loss rule and the statute of limitations. Defendant also moves to strike punitive damages. For the reasons provided below, the court does not find defendant's arguments compelling. I. Demurrer based upon Code of Civil Procedure section 430.10, subdivision (e) a. Cause of action four: fraudulent inducement – concealment To state a claim for concealment, plaintiff must allege: (1) defendant concealed or sup...
2020.03.05 OSC Re Contempt and Sanctions 689
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.05
Excerpt: ...ee of Plaintiff Hanford Community Hospital and was employed to perform laboratory testing. According to the papers, during the course of a deposition in an unrelated matter, Defendant admitted to taking patient records home, as well as e‐mailing PDF copies of patient records between 2015 and the present. He saved this information to his home computer and other devices. He also acknowledged that he did not have Plaintiff's permission or authoriz...
2020.03.03 Motion to Quash Service of Summons 848
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.03.03
Excerpt: ...his Court can exercise jurisdiction over defendant LG Chem, Ltd. The hearing will take place at 3:30 p.m. on Tuesday, May 5, 2020 in Department 502. Any supplemental briefing must be filed by Plaintiff no later than April 21, 2020. Any objections or reply must be filed no later than April 28, 2020. Explanation: Specially‐appearing defendant LG Chem, Ltd. (“LG Chem”) moves to quash the service of summons on it by Plaintiff Eric Fletcher, ind...
2020.02.27 Motion to Compel Further Discovery Responses 278
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.27
Excerpt: ...17.1 as to RFA nos. 10 and 12‐15, and Request for Production of Document nos. 36‐39, produce all responsive documents, and supplement the privilege log. (Code Civ. Proc. §§ 2030.300(c); 2031.310(c); Code Civ. Proc. § 2033.290(c).) Explanation: Initially, the court notes that all requests for judicial notice are granted, with the exception of Infinity's Exhibit 1 (insurance policy), due to lack of authentication. Requests for Admission Infi...
2020.02.27 Motion for Validation of Converted Contract 887
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.27
Excerpt: ...e summons, the government would have a valid defense, preventing that interested party from further challenging the government's proposed action.” San Diego v. San Diegans for Open Government (2016) 3 Cal. App. 5th 568, 579. “The validating statutes should be construed so as to uphold their purpose, i.e., ‘the acting agency's need to settle promptly all questions about the validity of its action.” McLeod v. Vista USD (2008) 158 Cal. App. ...
2020.02.25 Demurrer, Motion to Strike 677
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.25
Excerpt: ...l run from service of the order by the clerk. To grant the motion to strike the prayer for punitive damages. (Code Civ. Proc. § 435, 431.10(b).) To deny the motion to strike the attachments to the Complaint. Explanation: On July 22, 2019 plaintiff filed his Complaint against defendant John Emerzian. The Judicial Council form complaint indicates that the action is for medical malpractice and defamation. There are no cause of action attachments. I...
2020.02.20 Demurrer 528
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.20
Excerpt: ... Wachovia Mortg. Corp. (2011) 198 Cal.App.4th 737, 746.) Albeit, the running of the statute must appear “clearly and affirmatively” from the face of the complaint. It is not enough that the complaint might be time‐barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324‐325; Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.A...
2020.02.19 Demurrer 480
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.19
Excerpt: ...eave to amend. Plaintiffs will have ten (10) court days from the date of service of this order to file a Second Amended Complaint setting forth a more thorough factual basis for the punitive damages, if they can. If Plaintiffs do not file a Second Amended Complaint, then Defendant will have twenty (20) court days from the service of this order to file a response to the First Amended Complaint. Any new or amended allegations are to be set forth in...
2020.02.05 Motion for Summary Judgment, Adjudication 368
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.05
Excerpt: ... manager for the Fresno Police Department (FPD) – is relevant to establishing his qualification to give evidence. Objection 2 was Lt. Rowe's statement attesting that FPD provided training to its officers on its pursuit policy on at least an annual basis. The objection was essentially to the sufficiency of this evidence to prove the required fact, and not to the statement's admissibility. Objection 3 is to Lt. Rowe's statement on information and...
2020.02.04 Motion for Summary Judgment, Adjudication 047
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.02.04
Excerpt: ...rder, a proposed judgment consistent with the court's summary judgment order. Explanation: “[S]ummary judgment law … may be reduced to, and justified by, a single proposition: If a party moving for summary judgment in any action … would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then [it] should prevail on summary judgment.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 8...
2020.01.30 Motion to Dismiss Complaint 577
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.30
Excerpt: ...miss the complaint under Code of Civil Procedure section 581, subdivision (f)(2), which states, “The court may dismiss the complaint as to that defendant when: ... after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.” (Code Civ. Proc., § 581, subd. (f)(2).) “The decision to dismiss an action under section 581, subdivisi...
2020.01.29 Motion to Strike 108
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.29
Excerpt: ...nd file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported.” (Cal. Rules of Court, rule 3.1113, subd. (a).) “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the sta...
2020.01.29 Motion to Compel Arbitration 267
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.29
Excerpt: ... the existence of an arbitrable controversy, rather than mere conclusions, and must allege not only the existence of the arbitration agreement but “also that the opposing party refuses to arbitrate the controversy.” (Strauch v. Eyring (1994) 30 Cal.App.4th 181, 186; see also Spear v. California State Auto Assn. (1992) 2 Cal.4th 1035, 1041].) Whether an Agreement Exists The party seeking to compel arbitration bears the burden of proving the ex...
2020.01.29 Demurrer, Motion to Strike 805
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.29
Excerpt: ...es, with leave to amend. Explanation: Demurrer “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here...
2020.01.29 Demurrer 707
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.29
Excerpt: ...ered to prepare a judgment within ten (10) court days of this order. Note‐ in the event that oral argument is requested, it will be heard at 3:30 p.m. on Thursday, March 19, 2020 in Department 502. Explanation: Petitioner filed his petition on June 2, 2014. Petitioner filed an amended Petition on April 26, 2019. The Amended Petition describes itself as an “Amended Petition for a Writ of Mandate to Discharge Civil Commitment Based on Lack of J...
2020.01.28 Motion to Compel Arbitration, Demurrer, Motion to Strike 687
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.28
Excerpt: ...failure to state facts sufficient to constitute a cause of action as to the individual plaintiffs. (Code Civ. Proc., § 430.10, subd. (e).) To sustain the demurrer to both the successor claim as well as the individual plaintiffs to the seventh cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To grant leave to amend. To deny the motion to strike and grant in part, as discussed below. (Code Civ. Proc., §§ 435, 436.) To grant leave to amen...
2020.01.23 Motion for Summary Judgment, Adjudication 518
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.23
Excerpt: ...ns are overruled. Explanation: Plaintiff's Evidentiary Objections The job description is not irrelevant, and Jessica Sims' personal knowledge sufficient to authenticate this document can be readily inferred from the fact that she serves as Supervisor of the “Manager, Cash Applications” position. As for the remaining objections, defendant has offered the objected‐to statements as to what other employees said about plaintiff for the nonhearsa...
2020.01.22 Motion for Class Certification and Preliminary Approval of Class Settlement 417
Location: Fresno
Judge: Simpson, A.M.
Hearing Date: 2020.01.22
Excerpt: ... Private Attorney General Act (“PAGA”), pursuant to Code of Civil Procedure section 438(b)(2) and (b)(3)(B)(ii). A case management conference will occur at the same time. Explanation: 1. PAGA CLAIM AND SERVICE ISSUE “An employee plaintiff suing, as here, under [PAGA], does so as the proxy or agent of the state's labor law enforcement agencies.” Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal. App. 5th 667, 674. For that re...

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