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...