Excerpt: ...ition of public property. To grant the CitVs motion for summary adjudication of the third crossclaim for property damage brought by Reyes and Melissa Robles. Explanation: Motion as to the Dangerous Condition Claims: The City mcwes for summary judgment as to all of the claims brought by California Automobile Insurance Company, State Farm Mutual Automobile Insurance Company, Kathy Hayden, and Reyes and Melissa Robles in their complaints and cross-c...

Excerpt: ...ding supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint su#rsedes all prior complaints. The amended complaint furnishes the sole basis for the cause of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. [q] Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior com...

Excerpt: ...erified responses without objections within 20 days of the date of service of this order. Explanation: Plaintiffs have moved to compel defendant Foster Poultry Farms to provide further responses to form interrogatories, special interrogatories, and requests for of documents that seek information about all employees of defendant who were employed during the class period as defined by plaintiffs' complaint. Defendant has objected on various grounds...

Excerpt: ...ng party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, is not only error but an abuse of discretion." (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) California Rules of Court, Rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment, (2) state what allegations in...

Excerpt: ...order determining faith settlement. To find that the settlement Plaintiffs and Cirks Construction, Inc. is in faith. To deny without prejudice, the motions for order determining good faith settlement of Lazy Dog Restaurants, LLC, LDR Holdings, LLC, Villagio Shopping Center, LLC, and Manco Abbott, Inc. Explanation: "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall ...

Excerpt: ... replacement of the vehicle or reimbursement of the purchase price paid for the vehicle, specifically paragraph 34 and the prayer on page 10, paragraph A, are striken without leave to amend. The motion to strike the prayers for attorneys' fees and costs is denied. Explanation: Demurrer Toyota demurs to the second cause of achon for violation of the Magnuson-Moss Warranty Act ("MMWA") on the grounds that the First Amended Complaint ("FAC") fails t...

Excerpt: ...cton. There, she was placed on a gurney and was given an injection that she was told would make her drowsy. While still on the gurney, plaintiff was moved to a different hall way and was placed under the care of a male nurse, the moving defendant Freddie Rodriguez ("defendant"). Plaintiff alleges that defendant said he would take care of her and "help her with whatever she needed while addressing her in an overly friendly manner." (TAC, '1 5.) Pl...

Excerpt: ...before May 9, 2023, plaintiff must file supplemental declarations correcting the problems noted below. Explanation: There are numerous technical problems with this motion and supporting papers, which prevent the court from considering the merits. First, both the Settlement Agreement (Bolce Dec„ Exhibit A) and the "Notice of Class Action Settlement" (ld., Exhibit 8) are missing pages, and there are no signatures showing on the Settlement Agreeme...

Excerpt: ...uest for treble damages and attorney's fees pursuant to Penal Code section 495. (Cal. Rules of Court, Rules 3.1WJ, subd. (a)(l); Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 257, 288.) [Although no evidence relating to liability is necessary for a prove-up hearing, evidence establishing a prima facie case for damages is required.] By defaulting, cross-defendant admits liability for the debt or obligation on all well pled causes of actio...

Excerpt: ...ation providing for this on or before May 3, 2023, together with the declarations from each party required by this subdivision. Civ. Proc., S 437c, subd. (t)(1)(A)(i) and (ii).) he stipulation must specify that the issue to be adjudicated is: "Did the PAGA claim survive the plaintiff's death, or did it abate, and if it abated, have defendants waived the issue?" The stipulation must also provide that the parties expressly waive the requirements fo...

Excerpt: ...an be filed will run from service by the clerk of the minute order. To overrule defendant's moton to strike as to punitive damages. To overrule defendant's moton to strike paragraphs 35 through 70. Explanation: Demurrer Generally 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 caus...

Excerpt: ...endment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] 'In the furtherance of justice, trial courts may allow amendments to pleadings and if necessary, postpone trial.... Motions to amend are appropriately granted as late as the first day of trial or even during trial if the defendant is ...

Excerpt: ...fendant Juan Zaragoza and Martinez, Dieterich & Zarcone Legal Group (formerly known as Chavez Legal Group), jointly and severally, payable within 20 days of the date of this order, with the tme to run from the service of this minute order by the clerk. The matters specified in plaintiff Valerie Valero's Requests for Admission, Set One, propounded on Mr. Zaragoza are deemed admitted, unless Mr. Zaragoza serves, before the hearing, proposed respons...

Excerpt: ...mply with The Superior Court of Fresno County, Local Rules, rule 2.1.5 ("rule 2.1.5"), which causes this court to lose personal jurisdiction over her. Defendant is mistaken. Rule 2.1.5 states: A plaintiff shall serve all named defendants with all pleadings and notices required by these rules or other law, including notice of a Case Management Conference, and shall file proof of service with the court, within sixty (60) days from the date the comp...

Excerpt: ...bitrate." (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.) Defendant Nissan North American, Inc. ("Nissan") moves to com#l arbitration of plaintiff's action pursuant to an arbitration clause in a retail installmen...

Excerpt: ...e cause of action for declaratory relief against defendants California Department of Human Resources and Eraina Ortega as Director for the California Department of Human Resources (collectively "defendants"). Plaintiff seeks a judicial declaration of its rights as affected by defendants' interpretation of certain state law. Defendants filed the instant demurrer to the First Amended Complaint ("FAC") on several grounds: (1) the court lack jurisdic...

Excerpt: ...ns against defendant Himanchal Verma in the amount of $500 for failure to serve discovery responses in compliance with the court's July 19, 2022 order. (Code Civ. Proc. SS 2023.030, subd. (a); 2030.300, subd. (e).) Explanation: Court's Motion to Strike the Answer of AC Express, LLC Defendant AC Express, LLC filed an answer to the complaint on August 30, 2021 as a self-represented litigant and, to date, remains without attorney representation. Thi...

Excerpt: ...dly to have been secured by real property (the "Property") sold by Plaintiff to Michael Cornell, deceased spouse defendant Margaret Cornell. Objections Initially, the court notes that it sustains objection number 6 to the Vic Pasnick email, as the document is not authenticated and constitutes hearsay. The remainder of the objections are overruled. Request for Continuance According to Plaintiff's counsel, Plaintiff has been out of the country sinc...

Excerpt: ...termine the appropriate public entity for petitioners' government claims; however, these efforts proved unsuccessful until. Representation on another matter for the driver, Mr. Steele, concluded and in the process of closing out that matter, this matter was inadvertently marked as resolved in the law firm's calendaring system. Counsel discovered this error in September of 2022, four months after the petitioners' claims should have been presented ...

Excerpt: ...planation: Plaintiff is Entitled to an Award of Fees and Costs A prevailing plaintiff under the Consumer Legal Remedies Act (CLRA) is entitled to an award of his or her attorney's fees and costs. Under Civil Code section 1780, subdivision (e), "The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section." (Italics added.) Here, plaintiff is the prevailing party in the CLRA litigatio...

Excerpt: ...for denial of the moton exists (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Finll Securites Corp. (1996) 14 cal.4th 394, 413-414; Hotels Nevada v. L.A. Pacific ctr., Inc. (2006) 144 cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) Defendants contend that the alleged arbitration agreement in this case is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. SS 1, et seq. Section 2 of the F...

Excerpt: ...by plaintiffs Richard Gaestel and Cindee Gaestel Lopez (collectively "Trustee Plaintiffs"). In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 883.) On demurrer, the court must determine if the factual allegations of the complaint are adequate to state a cause of achon u...

Excerpt: ...ject to the moton to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading. (Code Civ. Proc., S 435.5, subd. (a), emphasis added.) In order to obtain an extension of time to file a respo...

Excerpt: ...'s motion to compel arbitration moot. Explanation: On June 29, 2022, plaintiffs filed the present achon regarding the purchase of a 2020 Chrysler Pacifica, which plaintiffs allege came with certain warranties. Problems with the vehicle ensued which form the basis of the instant complaint for damages. Plaintiffs brought five causes of achon against defendant FCA US, LLC ("FCA"), and one cause of action against defendant Fresno Chrysler Jeep Inc. d...

Excerpt: ...of his PAGA claim against defendant, and dismiss the representative portion of the PAGA claim. To stay the court action pending the outcome of arbitration. (Code Civ. Proc. S 1281.4) Explanation: under the Federal Arbitration Act ("FAA"), A written provision in a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or...