Excerpt: ...for sanctions against defendant. To grant defendant's request for monetary sanctions against plaintiff and his attorney, in the amount of $440. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: under Code of Civil Procedure sections 2030.300, subdivision (c), and 2031.310, subdivision (c), unless notice of the motion to compel further responses is given within 45 days of the service of th...

Excerpt: ... method of discovery and disobeying court order to provide discovery. The clerk is directed to enter the defaults of Joshua Mitchell and JDM Landscape, Inc. To take the motion to compel and motion to strike off calendar as moot in light of the grant of terminating sanctions. Explanation: On 6/21/23, the court granted plaintiffs' motion to compel JDM Landscape, Inc., to serve verifications to Form Interrogatories, Set One, and Request for Producti...

Excerpt: ...on: Defendant's Procedural Objections: First, to the extent that defendant argues that the court should refuse to hear the merits of the moton to strike because of various procedural defects, the court will overrule the objections and hear the merits of the motion. Defendant argues that the motion was not properly served on defense counsel by electronic delivery, as plaintiff served the motion on the wrong email address. However, defendant has wa...

Excerpt: ...in's lymphoma ("NHL"), while employed by BNSF Railway Company. As applicable here, plaintiff seeks to hold Monsanto Co. responsible for his NHL, asserting eight claims against it: (1) strict liability failure to warn; (2) strict liability — design and manufacturing defect; (3) breach of express warranty; (4) breach of implied warranty; (5) negligence; (6) negligent misrepresentation; (7) fraud (intentional misrepresentation); and (8) fraud by c...

Excerpt: ...alian shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of achon for "Fraudulent Inducementconcealment" on the basis that it is barred by the three-year statute of limitations. (Code Civ. Proc. S 430.10, (e).) Plaintiff purchased a 2017 GMC Sierra 1500 truck on April 19, 2017 and this action was...

Excerpt: ...notice of this proceeding. A writ of execution may be obtained through an ex parte application, however, "a taking such as that inwlved in claim and delivery procedure violates due process if it occurs prior to a hearing on the merits unless justified by weighty state or creditor interests." (Blair v. Pichess (1971) 5 Cal.3d 258, 278; see also Sea Rail Truckloads, Inc. v. Pullman, Inc. (1982) 131 Cal.App.3d 511, 515 ["An ex parte writ of possessi...

Excerpt: ...gation "for poor performance." To grant the motion to strike part of paragraph 22, page 5, lines 21- 27, starting with "However..." and ending with "...co-owned." To grant the motion to strike part of paragraphs 40 and 73, specifically the allegation "Since the 1940s." To deny the rest of the moton to strike. To deny leave to amend. Explanation: Demurrer: Plaintiffs first argue that the defendants' quiet title claims all fail to state valid cause...

Excerpt: ...shall examine into and determine the plaintiff's title against the claims of all the defendants, and require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants. Civ. Proc. S 764.010.) A plaintiff seeking to quiet title shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought. (Code Civ. S 762.010...

Excerpt: ...2003) 113 Cal.App.4th 181, 186.) The court engages in a two-step process in determining whether an action is subject to the anti- SLAPP statute: first, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. If the court finds such a showing has been made, it then determines whether plaintiff has demonstrated a probability of prevailing on the claim. (Code Civ. P...

Excerpt: ...or (b). The supplemental briefs are due simultaneously on December 1, 2023 and are not to exceed 10 pages. Explanation: This motion arises out of a wrongful death claim brought by decedent's spouse. The petition to intervene is brought by decedent's mother, Suzanne Lagay. Intervention is the by which a non-party to an action may become a party. (See Code Civ. Proc., S 387.) Interventon may be as of right or permissive. (Ibid.) A nonparty has the ...

Excerpt: ...ss meets 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, 93-95.) "Class certification requires proof (1) of a suffciently numerous, ascerta...

Excerpt: ... only production of plaintiff's medical records related to her June 2021 hospitalization for low sodium levels, and her subsequent stay in the skilled nursing facility, as well as records related to her claimed injuries from the subject fall. To deny both parties' request for sanctions against each other. Explanation: First, to the extent that defendant contends that the plaintiff's motion is procedurally defective because she did not file a requ...

Excerpt: ...n Slatic unless responses in substantial conformity with Code of Civ-l Procedure section 2033.220 are served prior to the hearing. To impose monetary sanctions in the total amount of $60 against plaintiff Kathleen Slatc, in favor of defendant Daniel Ashley. Within thirty (30) days of service of the order by the clerk, plaintiff Kathleen Slat-ic shall pay sanctions to defendant Daniel Ashley's counsel. Explanation: On December 23, 2022, the discov...

Excerpt: ...2030.300 on the basis that "[p]laintiff[s] failed to or to submit to an authorized method of discovery, made evasive responses to discovery (Notice of Motion, at p. 2:11-13.) Defendant's separate statement, however, shows that plaintiffs responded to each of the subject requests for admissions with straight forward denials and factual replies, and which, in particular, identified nonparty Ken Boyd as their intermediary with defendant and primary ...

Excerpt: ... Fresno County Superior Court Case Number 22CECG019861 , which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed the stop sign at the intersection, precipitating the subsequent collision. Defendant Singh fled t...

Excerpt: ...ement amount is $182,915.07. A revised proposed order shall be submitted to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at November 6, 2024, at 3:30 p.m. in Department 403 as a hearing date for an Amended Judgment pursuant to Cuie of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later t...

Excerpt: ...ant Student Transportation of America, Inc. (STA) in part. To order STA to provide verified responses to the interrogatories and requests for to the extent that it provided substantive responses to the interrogatories and requests. STA shall serve verified responses within 10 days of the date of service of this order. To grant the motion deeming STA to have admitted the truth of the matters in the requests for admission to the extent that STA ser...

Excerpt: ...t (1987) 43 Cal.3d 833 (Vinson), the California Supreme Court rejected the plaintiffs claim that her mental condition was not placed "in controversy" by her allegation of continuing emotional distress. "[Clourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. ' (ld. at p. 842.) "[A] party who chooses to allege that he has mental and emotional difficulties can hard...

Excerpt: ...be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Exhaustion of Administrative Remedies "In general, a party must exhaust administrative remedies before resorting to the courts." (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Board (2005) 35 Cal.4th 1072, 1080.) Furthermore, "[w]here administrative remedies exist, California courts usuall...

Excerpt: ...nary 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 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 cl...

Excerpt: ... its answer to the Complaint within 10 days of service of the order by the clerk. Explanation: It is "the established rule that as against a general demurrer a complaint will be liberally construed that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary i...

Excerpt: ...ng's Commercial Transfer, Inc. ("YCT) filed the instant action and were later named as defendants in Fresno County Superior Court Case Number 22CECG01986, which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed...

Excerpt: ...s, Angel Gomez and Tomas Gomez who owned the property as joint tenants, and accomplished the transfer through a Grant Deed from Angel Gomez to himself and a Grant Deed from defendant Tomas to plaintiff executed by attorney Thornton Davidson as Attorney-in-Fact for defendant. (Complaint, '14.) Plaintiff has not submitted evidence to support these asserted facts to establish his right to legal title to the property. The evidence plaintiff has submi...

Excerpt: ...dard for Awarding Attorney's Fees Probate Code section 4545 provides that when a challenge is made to a power of attorney by someone other than the attorney in fact, "the court may in its discretion award reasonable attorney's fees" to the attorney in fact, if the court determines that the proceeding was commenced without any reasonable cause." The Probate Code does not define reasonable cause" as it is used in section 4545. However, California c...

Excerpt: ..., "The 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 be just, an ...

Excerpt: ...ions as set forth below. To grant the motion to compel further verified response to Demand for Production, Set One. Within 20 days of service of the order by the clerk, plaintiff shall provide a second amended response to each document demand and produce all responsive documents, if they have not pr(Nluced already. To impose $3,120 in monetary sanctions against plaintiff Megan Zupancic and in favor of Platinum Coast Inc., to be paid to Platinum C...

Excerpt: ... claims from arbitration. To dismiss the plaintiff's class claims. To stay the litigation of the PAGA claim until the arbitration has been resolved. Explanation: Pursuant to California Code of Civil Procedure secton 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 ...

Excerpt: ...d Avenue, Fresno, California 93726 (the "Property"). Plaintiff alleged having exclusive, complete, open, continuous and notorious possession of the property for more than five years. Plaintiff now seeks summary judgment. A party may move for summary judgment in an action if is contended that there is no defense to the action. (Code Civ. Proc. S 437c, subd. (a)(l).) Notice of the motion and supporting papers shall be served on all other parties to...

Excerpt: ....App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. The court may make an o...

Excerpt: ...lass 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. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. Se...

Excerpt: ...Explanation: 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 (2007) 42 Cal.4th 201, the California Sup...

Excerpt: ...efendant's failure to obey the court's order entered on March 29, 2023, which issued from plaintiff's unopposed motion to compel initial responses to discovery. The order required defendant Hollly-Ray to serve initial responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents (all set one), and required defendant and her attorney, Brian Folland, to pay (jointly and severally) monetary sanctions in the amou...

Excerpt: ...s. (Code Civ. Proc., S 2025.450, subd. (c)(l).) In the event that plaintiff refuses to agree upon a date then the date shall be unilaterally set by defendants' counsel. To deny the request to impose $713M in monetary sanctions (as a cost reimbursement) because due process requires that the request appear on the caption page of the notce of moton. Explanation: The motion is brought pursuant to Code Civ. Proc., S 2025.450. Subdivision (a) thereof p...

Excerpt: ...furcated as follows: should a jury find liability on the cause of action for defamation and liability for punitive damages, the parties will then present evidence on punitive damages. (Civ. Code S 3295, subd. (d).) To deny defendant's motion for to require plaintiff to post security for costs. (Code Civ. Proc. S 1030.) Explanation: Motion to Bifurcate Punitve Damages Civil Code section 3295, subdivision (d) provides in relevant part: "The court s...

Excerpt: ...t be set in boldface type. Explanation: 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 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) ...

Excerpt: ...fendant's Person Most Knowledgeable ("PMK") and for production of documents. Plaintiff's counsel asserts that defendant was served with a deposition notice on January 6, 2023. However, the notice attached to counsel's declaration is signed November 14, 2022 for a deposition scheduled for February 23, 2023. (Kreymer Decl., 2 and Exh. 1.) Notably, no proof of service accompanies this notice. Defense counsel asserts that November 14, 2023 plaintiff ...

Excerpt: ... causes of action. To deny the moton to strike portions of the complaint, in its entirety. To deny the motion to deem the matters in the requests for admission, sets one and two, to be admitted, as plaintiff has now served code-compliant responses. To grant sanctions against plaintiff's former counsel, Brian Folland, in the amount of $800. Mr. Folland shall pay sanctions to defendants within 30 days of the date of service of this order. If oral a...

Excerpt: ...he motion to strike without leave to amend. If oral argument is timely requested, it will go forward Wednesday, October 18, 2023, at 3:30 p.m., in Dept. 403. Explanation: Self-represented plaintiff Victor M. Alvaro Garcia filed a three-page Judicial Council form complaint against defendant Carmen Elizabeth Tharp. The defendant demurs to the complaint on the ground that it lacks the necessary allegations to state a cause of action against her. Mee...

Excerpt: ...ivative claims on behalf of Williams & Doris Land & Energy and Oil City LLC (referred to collectively as the "WLDE Defendants"). WLDE Defendants move to require plaintiff to post a $50,000 bond pursuant to Corporations Code section 17709.02, subdivision (b). Within 30 days after service of summons on a limited liability company, the company may move the court for an order requiring the plaintiff to furnish security. (Corp. Code, S 17709.02, subd....

Excerpt: ...ons of the First Amended Complaint ("FAC") pursuant to Code of Civil Procedure section 418.10, subdivision (a)(l). In the alternative, Defendant seeks to set aside the entry of default against her.l Code of Civil Procedure section 418.10, subdivision (a)(l) provides that a defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion to quash s...

Excerpt: ...uent bad faith denial (in part) of his insurance policy claim. The complaint includes the following causes of acton: breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiff seeks the following: general, special, economic, and consequential damages (according to proof), puritive damages, attorney's fees, costs, and pre-judgment interest. Defendant filed its motion to strike with regard to Paragraph 34 (Page ...

Excerpt: ...two on the back, but here counsel has not signed any of the lines. The form is mandatory and must accompany every default judgment application. (Cal. Rules of Court, rule 3.1800(a).) Therefore, since the request for default judgment is incomplete, the court cannot grant the application. Also, while plaintiff's CEO, Richard Torosian, has provided a declaration summarizing the amount of damages, which are based on the unpaid shipping invoices, Mr. ...

Excerpt: ... which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on November 8, 2022, against Kia, but not the seller. The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act— Breach of Express Warranty; (2) Violation of the Song-Beverly Act— Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act section 1793.2. Kia now moves to compel arbitratio...

Excerpt: ...n ten (10) days from the date of this order. Explanation: Plaintiff's allegations of medical negligence typically require competing expert opinion to defeat a motion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 75; Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.) In other words, defendant is entitled to summary judgment and the motion must be grant...

Excerpt: .... To impose monetary sanctions in the amount of $6,825 against defendant South Bay Safety Inc. (not its attorney). Defendant South Bay Safety Inc. (not its attorney) shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. If a timely request for oral argument is made, such argument will be entertained on Friday, October 6, 2023, at 10:30 a.m. Explanation: Code of Civil Procedure secton 2023.010...

Excerpt: ...e clerk. Explanation: Initially the court notes that in previously granting leave to amend, plaintiff was directed to place all new allegations in boldface type. Plaintiff did not follow this direction. In the future please place new allegations in boldface type when requested, to facilitate the evaluation of such a long amended pleading. Also, plaintiff's opposition brief does not have page numbering, as required by Cal. Rules of Court, rule 2.1...

Excerpt: ...fornia, Inc. and Javier Rene Gonzalez-Martinez are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: Plaintiff Emma Kormas ("Plaintiff") filed a First Amended Complaint ("FAC") for eight causes of action: 1. Intentional Misrepresentation; 2. Negligent Misrepresentation; 3. Breach of Fiduciary Duty; 4. Financial Elder Abuse; 5. Negligence; 6. Negligent Supervision and Training; 7. Concealment; and...

Excerpt: ...grant the motion to strike with ten (10) days leave to amend which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To find that defendants adequately attempted to meet and confer with plaintiffs' counsel, who effectively refused to do so. Explanation: The express basis for the defendants' demurrer is that the complaint and each of its causes of action fail to state sufficient facts to...

Excerpt: ... allegations/language must be set in boldface type. 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 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 co...

Excerpt: ...ll new allegations shall be placed in boldface type. Explanation: Housing Authority's Demurrer The Housing Authority of the City of Fresno demurs on the ground that plaintiff fails to plead compliance with the claim presentation requirements. The Complaint alleges that Fresno Housing Authority is a public entity. (See Complaint, 5(a).) Compliance with the claim filing requirements (i.e., Gov. Code, SS 910, 912.4, 912.8 and 945.4) is an essential ...