Excerpt: ...rder and Code of Civil Procedure section 872.720. The court intends to appoint a partition referee pursuant to Code of Civil Procedure section 873.010 in the interlocutory judgment, however the name of the referee shall be left blank so that the court can determine who should be appointed. To grant all requests for judicial notice. Explanation: Burden on Summary Judgment As the party moving for summary judgment, plaintiff bears an overall burden ...

Excerpt: ...cre walnut orchard is part of the larger parcel. To deny plaintiff's motion to exclude the expert testimony of Stephen Roach. Explanation: Moton to Exclude Expert Testimony: Plaintiff moves to exclude Mr. Roach's testimony under Code of Civil Procedure section 1260.040, which states, "If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move th...

Excerpt: ... summary judgment of the first amended third cross-complaint in favor of cross-defendant O'Brien Steel, Inc. To deny summary adjudication of the second and fifth causes of action of the first amended third cross-complaint in favor of crosscomplainant American Crane Rental, Inc. Explanation: Summary Judgment Cross-defendant O'Brien Steel, Inc. ("OBE") seeks summary judgment of the first amended third cross-complaint ("TCC") against cross-complaina...

Excerpt: ...the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: ...

Excerpt: ...val of the proposed settlement. An agreement of the parties is not suffcient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for class certifi...

Excerpt: ...d reasonable attorney's fees pursuant to P.C. section 120.4(f)(3)(H)") is stricken. The motion to strike the remaining portions of the Second Amended Complaint is denied. Defendant shall file a responsive pleading within ten days of service of this order by the clerk. Explanation: Demurrer Defendant James Harold Pardieu, Jr. ("defendant") demurs to the first, third, and fourth causes of action in the operative Second Amended Complaint ("SAC") on ...

Excerpt: ... of fault. (CINIe Civ. Proc., S 473, subd. (b).) To sustain the demurrer to the first, third, and fifth causes of achon with leave to amend, and to sustain the demurrer to the second and fourth causes of action without leave to amend. Civ. S 430.10, subds. (e), Plaintiff is granted 20 days' leave to file the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. All new alle...

Excerpt: ...eking revocation of the court's March 28, 2023 Law and Mohon Minute Order adopting the tentative ruling on its applications of Chad R. Hutchinson and Mark A. Dreher to appear pro hac vice. The applications were denied without prejudice for failure to timely notify the State Bar of the hearing of the applications and failure to pay the fees to the State Bar. (Cal. Rules of Court, rule 9.40, subds. (c)(l) and Under Code of Civil Procedure section 1...

Excerpt: ...App.4th 81 (rev. denied).) "Confronted with a request for settlement-only class certification, a district court need not inquire whether the case, if tried, would present intractable management problems for the proposal is that there will be no trial. But other specifications of the rule those designed to protect absentees by blocking unwarranted or overbroad class definitions — demand undiluted, even heightened, attention in the settlement con...

Excerpt: ...f Fresno Code Enforcement Division and John Giannetta's demurrer to the first amended complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall be in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enforcement Div...

Excerpt: ...o file its answer to the complaint, with the time to from service of the minute order by the clerk. If oral argument is timely requested, such argument will be entertained May 3, 2023, at 3:30 p.m. in Department 403. Explanation: On three separate days in July 2021, plaintiff, a customer of defendant bank's predecessor- in-interest, presented a Euro Check for deposit into his personal checking account: 1) Deposit 1 on July 13, 2021, for €7,000....

Excerpt: ... will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: First Cause of Action — Disability Discrimination Defendants attack this cause of action on the ground that that plaintiff does not allege that she suffered from a qualifying disability — the hand injury does not constitute a qualifying disability. Specifically, plaintiff alleges that she suffered a "hand injury" while on the job, and...

Excerpt: ...pretrial settlement. (Legis. counsel's Dig., Assem. Bill No. 237 (2000—2001 Reg. sess.) 5 stats. 2001, summary Dig., pp. 181-182; cal. Law Revision Com. com., 19 West's Ann. Code Civ. Proc. (2007 ed.) fall. S 1260.040, p. 523.) Secton 1260.040 authorizes a party to an eminent domain action to file a motion requesting a ruling on "an evidentiary or other legal issue affecting the determination of compensation" and provides that the trial court m...

Excerpt: ...iscovery moot in light of striking defendant's answer. To deny the requests for monetary sanctions. Explanation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately l...

Excerpt: ...stigation reports created by the defendant or its risk management department with the dominant purpose of preparing for anticipated litigation are subject to the attorney-client privilege. "Where, as here, a corporate employer requires that employees make a report, the privilege of that report is determined by the employer's purpose in requiring the report. When the corporate employer has more than one purpose in requiring the report, the dominan...

Excerpt: ...of express and implied warrantes concerning this vehicle underthe Song-Beverly Consumer Warranty Act (Civ. Code, SS 1790, et seq.). Nissan moves to compel plaintiff to arbitrate these claims based on the Retail Installment Sales Contract ("RISC") she signed when she purchased the subject vehicle. Evidentary Objections Plaintiff's evidentiary objections are overruled. As defendant correctly argues on reply, the party moving to compel arbitration d...

Excerpt: ...proval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is pro#r. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T. R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for class cer...

Excerpt: ...d from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1045 of the Evidence Code." Evidence Code secton 1043 requires a noticed motion which identifies the records sought, and "affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating...

Excerpt: ...ased risk that the named plaintiffs and class counsel will breach the fiduciary obligations they owe to the absent class As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) before securing the court's approval as fair." (Koby v. ARS National Services, Inc. (9th Cir. 2017) 846 F. 3d 1071, 1079.) "[l]n the final analysis it...

Excerpt: ...l Prmædure section 473, subdivision (b), prov-des for discretionary relief from a default or default judgment that has been entered due to mistake, surprise, inadvertence, or excusable neglect. Civ. Proc. S 473, subd. The party seeking relief must bring his or her moton within a reasonable time, not to exceed six months from the date of entry of the default or default judgment. (Ibid.) "Where the mistake is excusable and the party seeking relief...

Excerpt: ...Restoration International DRI, Inc. to Respond to Form Interrogatories, Set One, and Imposing Monetary Sanctions 3) Moton by Plaintiff CVE Contracting Group, Inc. for Order Compelling Defendant Disaster Restoration International — DRI, Inc. to Respond to Request for Production of Set One, and Imposing Monetary Sanctions Tentative Ruling: To grant plaintiff's motion to deem requests for admission admitted. The truth of the matters specified in t...

Excerpt: ... Civil Procedure section 1281.2, On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been ...

Excerpt: ...minute order. Given this order, plaintiff's default prove-up, with evidentiary hearing is ordered off calendar as moot. Explanation: Timeliness of Motion to Set Aside Default The court fails to understand plaintiff's argument that the set aside motion was not timely filed (Opposition, p. 5:11). The only basis offered for this, as far as the court can see, is that defendants "unreasonably" waited until after the defaults were entered to seek relie...

Excerpt: ...udgment pursuant to the terms of the settlement." It also provides that the parties may request that the court "retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Code Civ. Proc. S 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court t...

Excerpt: ... a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, ...